Dr. S. Muralidhar, J.

1. By the judgment dated 14th January 2014 in SC 14 of 2013, the Additional Sessions Judge (ASJ), Special Fast Tract Court convicted Bharat Singh for the offence under Sections 376 (2) (f) and 302 of the Indian Penal Code (IPC) while acquitting co-accused Sanjay and Arvind for the offence under Section 201 IPC. By the consequent order on sentence dated 15th January 2013, the learned ASJ sentenced the accused Bharat Singh to rigorous imprisonment for life with a fine of Rs.50,000 for the offence under Section 376 (2) (f) IPC and in default of payment of fine, to undergo further imprisonment for a period of one year, and to death for the offence under Section 302 IPC with fine of Rs.50,000.

2. The State has sought confirmation of the death sentence through Death Sentence Reference No. 1 of 2013. The accused has filed Criminal Appeal No. 509 of 2013 challenging the judgment dated 14th January 2013 and the order on sentence dated 15th January 2013.

The prosecution case

3. The prosecution case is that Mr. Mohd. Anwar (PW-3) was resident of House No. 280, House of Sultan Master, Gali No.1, near Hanuman Mandir, Kapashera, Delhi. He had a daughter, aged about 3