Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

A large number of cases in recent times coming before this Court involving rape and murder of young girls, is a matter of concern. In the instant case victim was about nine years of age who 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.Learned Second Additional Judge, Pune in Sessions Case No.209 of 2002 tried the appellant for offences punishable under Sections 302 and Section 376 (2)(f) of the Indian Penal Code, 1860 ( in short the ‘IPC’). By Judgment and Order dated 27th June, 2004, the trial court found the appellant guilty for the aforesaid offences and he was sentenced to death for the offence of murder and in respect of the other offence sentence to suffer rigorous imprisonment for ten years and to pay fine with default stipulation. Appellant questioned the Judgment in Criminal Appeal No.574 of 2004 before the Bombay High Court which heard the same alongwith Confirmation Case No.1 of 2003 which was referred to the High Court as required under Section 366 of the Code of Criminal Procedure, 1973 (in short the ‘Code’), for confirmation