DR. ARIJIT PASAYAT, J.

1. Heard.

2. Challenge by the State of Uttar Pradesh in these appeals is to the judgment of a Division Bench of the Allahabad High Court directing acquittal of the respondent Raja @ Jalil (hereinafter referred to as the accused). Learned Sessions Judge, Barabanki had found the accused guilty of offences punishable under Sections 302, 376/511, Indian Penal Code, 1860 (in short IPC) and imposed death sentence and three years respectively.

3. The accused filed appeal from jail and a represented appeal through counsel. A reference was made to the High Court under Section 366 of Code of Criminal Procedure, 1973 (in short CrPC) for confirmation of death sentence. The High Court disposed of all the three matters by the impugned judgment. The allegation against the accused was that he had taken a girl of about 11 years of age namely Kumari Reema, tried to commit rape on her and killed her.

4. According to the prosecution on 17.10.1994 at about 8 a.m. the accused requested the mother of the deceased to allow the deceased to accompany him for harvesting paddy crop in the fields of Naumi Lal and Ganga Ram. Since the deceased did not return late in the evening. Sushila Devi,