DR. ARIJIT PASAYAT, J.

1. The State of U.P. is in appeal questioning the correctness of judgment of a Division Bench of the Allahabad High Court which directed acquittal of the respondents. The learned 5th Additional Sessions Judge found the respondents guilty of offence punishable under Sections 376,302 and 201 of the Indian Penal Code, 1860 (in short the (IPC). Each was sentenced to death sentence for the offence relatable to Section 302 IPC, life imprisonment for the offence relatable to Section 376 IPC and 7 years for the offence relatable to Section 201 IPC. The appellants preferred appeal before the High Court and a reference was made by the Trial Court under Section 366 of the Code of Criminal Procedure, 1973 (in short the Code) for confirmation of the death sentence. The High Court by the impugned judgment found that the accusations have not been established by the prosecution and therefore directed acquittal. Capital reference was rejected.

2. The prosecution version as unfolded during trial is as follows:

2.1 According to prosecution, murder and rape was committed by the respondents on 17-111992 at about 7.00 a.m. in the morning when Kumari Suneeta, the deceased victim aged.