ORDER

1. The appellant was tried by the Court of Session, Pune for offences punishable under Sections 302, 363, 376(2)(f), 377 and 201 of the Indian Penal Code and he was found guilty on all the counts. For the offences of murder punishable under Section 302 IPC, the appellant was sentenced to death and for the offence punishable under Section 376(2)(f) as also for the offence under Section 377 IPC, the appellant was sentenced to undergo imprisonment for life. When the appeal came up for admission, this Court, by order dated 26-3-2004 granted leave and issued notice limited to the question of sentence.

2. We have heard counsel for the appellant and also the counsel for the State of Maharashtra. The prosecution case, in short, is that the appellant enticed a girl aged 4-112 years and took her to a deserted place and committed rape and later caused her death by inflicting injuries on her throat. The dead body was wrapped in a gunny bag and left in a pit near a stream. On the next day, the gunny bag was found and the gruesome murder came to light.

3. In the Sessions Court, the prosecution relied on the extra-judicial confession, medical evidence and also the fact that the appellant wa