JUDGMENT

A.K.SIKRI,J.

1. The present appeal is directed against the final judgment and order dated 14th September 2006 passed by the Hon'ble High Court of Gujarat in Criminal Confirmation Case No.9 of 2004 with Criminal Appeal No.1915/2004,setting aside the judgment and order passed by the Ld. Additional Sessions Judge and second Fast Track Court in Sessions Case No.4/2004 convicting the respondent under Section 376,302 and 201 IPC for the offence of rape and murder of a seven year old girl and punishing him with sentence of death. The High Court found severe loopholes and shortcomings in the prosecution story, rendering it unbelievable and thereby acquitted the respondent in the aforesaid case.

2. The prosecution case, in nutshell, was that the respondent/accused was the neighbour of the deceased girl Komal aged 7 years r/o village Bhammiya. On the day of incident i.e. 16.8.2003 the victim was playing with her two friends viz. Parul and Saroj in the courtyard of the respondent. The respondent/accused came to his house between 15.00 to 15.30hrs. and scolded the girls for playing there. Parul and Saroj ran away whereas, however, the deceased girl was forcibly caught by the respondent a