JUDGMENT

Dr. A. S. Anand, J. - Hetal Parekh a young 18 years old school-going girl was raped and murdered on 5.3,1990 between 5.30 and 5.45 p.m. in her flat No. 3A, on the third floor of' Anand Apartment. The appellant was challenged and tried for rape and murder and also for an offence under Section 380 IPC, for committing theft of a wristwatch from the said flat.

The learned Additional Sessions Judge found him guilty and convicted the appellant, (i) for an offence under section 302 I.P.C. and sentenced him to death, (ii) for an offence under Section 376 I.P.C. and sentenced him to imprisonment for life, and (iii) for the offence under Section 380 I.P.C., he was sentenced to undergo rigorous imprisonment for five years. The substantive sentences under Sections 376 and 380 I.P .C. were ordered to run concurrently but were to cease to have any effect, in case the sentence of death for conviction of the appellant under section 302 I.P.C. was confirmed by the High Court and the appellant was executed. Reference for confirmation of the death sentence was accordingly made to the High Court. The appellant also preferred an appeal against his conviction and sentence in the High Court. The