JUDGMENT

Aftab Alam,J.

1. The appellant Ram Deo Prasad has been awarded death penalty for raping and inflicting injuries to a four year old child causing her death.

2. The prosecution case is based on the statement of one Mohd. Kamruddin Mian made before Sub-Inspector, Birendra Kumar Pandey of Siwan Town P.S. on December 21, 2004 at 8:15 a.m. at the Sadar Hospital, Siwan. Mohd. Kamruddin stated that on the previous night after finishing their meal at about 8:30 p.m. his family had gone to sleep at his house in village Badka Gaon, P.S. Pachrukhi District Siwan. His four year old daughter Laila Khatoon was sleeping by the side of her grandmother on the outer verandah of the house and on the other side of the straw bed, the girl’s mother was sleeping with her infant child. In the middle of the night, the Informant who was sleeping in an inside room came out to relieve himself and found Laila Khatoon missing from the side of her grandmother. A search started for the girl and then his neighbour, Suman Kumar Sah (PW.2) told them that just a little while ago he had seen the appellant swiftly running away towards east, carrying a girl child in his arms who was crying. As informed by Suman Sah