[Smt. V.K. Tahilramani, J.]

1. The present appeal is directed against the judgment and order dated 24.10.2007 passed by the Additional Sessions Judge, Pune in Sessions Case No. 457 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 376 of IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/- IDRI for one year on each count. The appellant is further convicted under Section 201 of IPC and sentenced to R.I. for seven years and fine of Rs. 100/-IDRI for six months. The learned Sessions Judge directed that the substantive sentences of imprisonment shall run concurrently.

2. The prosecution case briefly stated, is as under:

(a) PW 1 Krishna, the father of the victim girl was residing at Chaptewadi, Tal. Ambegaon, Dist. Pune. He had four daughters and one son. One of the daughters was the victim girl who was aged about 11 years at the time of the incident. The other daughter was PW 2 Jayashree. The appellant is the cousin of PW 1 Krishna i.e he is the son of his paternal aunt. The appellant was residing in the same village along with his wife PW 6 Asha.

(b) On 15.02.2005, after returning from school, the victim girl, her sister PW 2 Jayashree and brother Samir were playing in the courtyard. The appellant came to their house in the evening. He then took the victim girl towards the hill by telling that he would pay money for sweets. He took her to Gabari Jungle. Thereafter, neither the victim girl nor the appellant returned home.

(c) It is the prosecution case that after the appellant took the victim girl to the jungle, he committed rape on her and then he throttled her and caused her death. The dead body of victim girl was found on the next day i.e on 16.02.2005. PW 1 Krishna lodged FIR. Thereafter, investigation commenced. The appellant came to be arrested. At the time of his arrest, the shirt and baniyan of the appellant were found blood stained. They came to be seized under panchnama (Exh. 37) in presence of panch witness PW 5 Sambhaji. After completion of investigation, charge sheet came to be filed.

3. Charge came to be framed against the appellant under Sections 302, 376(2)(f) and 201 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellant as stated in paragraph 1 above. Hence, this appeal.

4. We have heard the learned Advocate for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant committed rape on the victim girl and thereafter, he caused her death by throttling her.

5. There is no eye witness in the present case and the case is based on circumstantial evidence. The circumstances are as under:-

i. Last seen which has been deposed by PW 2 Jayashree.

ii. At the time of arrest, baniyan and shirt of the appellant were found to be blood stained. They were seized under panchnama (Exh. 37).

iii. The CA report shows the shirt of the accused was found to be stained with semen as well as blood of 'B' group. As per CA report (Exh 22), the blood of the deceased was of 'B' group.

iv. Motive.

v. Judicial confession (Exh 44) made by the appellant wherein he confessed that he had raped and murdered the victim girl.

6. As far as the first circumstance is concerned, PW 2 Jayashree who was the sister of the victim girl has deposed on this aspect. She has stated that on 15.02.2005, after returning from school, she, her sister i.e the victim girl and her brother Samir were playing in the courtyard. At that time, the appellant came