( 1 ) THIS appeal arises out of the judgment and order dated 31-1-1992 passed by Sri S. B. Vaish, I Additional District and Sessions Judge, Kanpur Nagar, in S. T. No. 70 of 1988 convicting the appellant, Sanjay Goel, under Sections 302, I. P. C. and sentencing him to life imprisonment and a fine of Rs. 5,000. 00. In default of payment of fine the appellant is to undergo 6 months R. I. The appellant was further convicted under Section 328, I. P. C. and sentenced to 7 years R. I. and a fine of Rs. 2,000. 00. In default of payment of fine the appellant is to undergo 2 months R. I. Both the sentences were, however, direced to run concurrently.

( 2 ) THE facts of the present case are quite peculiar. They are not only dramatic in character, but also exhibit a picture of masculine trust over a girl, liberal, free and mentally western. The family background also indicates that the girl was not accustomed to any orthodox family dominance. The story revolves round the appellant, who is son of a well placed person in the society, and the deceased Km. Mamta Anand, daughter of a high official in the Indian Railways.

( 3 ) BOTH, appellant and the deceased girl, came in contact,