Ramkumar, J.

The above death sentence reference has been registered upon submission of proceedings by the Sessions Judge, Manjeri, under Sec. 366 Cr.P.C. for confirmation of the death sentence awarded to Poothala Aboobaker @ Babu for his conviction under sec. 302 IPC along with other offences by the Addl. Sessions Court (Fast Track Court No.I - Ad hoc), Manjeri in S.C. No. 113/2005. The above criminal appeal has been filed by the said accused challenging the conviction entered and the sentence passed against him by the aforesaid court for offences punishable under secs. 376, 377, 302 and 201 IPC.

2. With the consent of both sides the death sentence reference was heard along with the above criminal appeal.

3. The case of the prosecution can be summarised as follows:

On 8-9-2004 at or about 9.30 a.m. inside the common bathroom on the upstair portion of the partially built house belonging to one Manakkadavan Beerankoya at Muchirakkad near Kondotty in Emad Taluk of Malappuram. District the accused viz. 20 year old PoothalaAboobaker @ Babu who was employed as a labourer under a building contractor, forcibly abducted a minor girl aged 12 years by name Khairunissa on her way to sc