Judgment

Dr. Arijit Pasayat, J. —

1.Death sentence awarded by learned Special Judge EC Act/Additional Sessions Judge, Agra in Sessions Trial No. 83 of 2004 having been confirmed by the Allahabad High Court in appeal and in the reference made under Section 366 of the Code of Criminal Procedure, 1973 (in short the ‘code’) this appeal has been filed. The appellant was convicted for offences punishable under Sections 364, 376 and 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). The girl who had not seen six summers in life was the victim of sexual assault and animal lust of the accused appellant. She was not only raped but was murdered by the accused appellant.

2.Prosecution version as unfolded during trial read as follows :

The genesis of the prosecution case was the written FIR lodged at Police Station Tajganj of Agra District on 4.10.2003 at 10.45 PM by Naresh Kumar (PW 2). The occurrence took place at about 9.30 O’clock the same night in village Basai Khurd within the said police station. The victim was an unfortunate teenaged girl Vaishali of about 5 years. She was the daughter of Vishal. The broad features of the case as culled out from the FIR and evidence brought on record