This criminal capital appeal from jail alongwith connected Reference No. 2 of 2011 has been preferred against the judgment of the Additional Sessions Judge ( Court No. 1), Meerut dated 5.1.2011 awarding death sentence to the appellant under Section 302 , I.P.C. and a sentence of imprisonment for life and a fine of Rs. 5,000 under Section 376 , I.P.C. In default of payment of fine, the appellant has to further undergo six months additional sentence in this provision. He has also been sentenced to imprisonment for two years and fine of Rs. 2,000 under Section 201 . I.P.C. In default of payment of fine, he has to undergo three months additional imprison#31;ment. All the sentences were to run concurrently.

2. We have heard Sri Sameer Jain, learned amicus curiae for the appellant and the learned Government Advocate Sri Akhilesh Singh for the State and have perused the trial court judgment and record.

3. A report was lodged by Yogesh Kumar on 17.5.2008 at 7.20 a.m. at P.S. Parikshitgarh, district Meerut alleging that his seven year old daughter Km. Renu had gone to ease herself in an empty plot in village Poothi on 16.5.2008 at about 7.30 p.m. When she did not return for some