Hon’ble Amar Saran J.—This Capital Appeal has been filed against a judgement and order dated 24.12.2012 passed by the Additional Sessions Judge (SC and ST Act), Bareilly convicting and sentencing the appellant to life imprisonment under Section 376 IPC, seven years R.I. under Section 201 IPC and a fine of Rs. 25,000/-, life imprisonment under Section 3(2)5 of SC and ST Act and a fine of Rs. 25,000/-. In case of default in payment of fine, the appellant was to undergo further imprisonment of one year under Section 376 IPC, six months under Section 201 IPC and six months under Section 3(2)5 of SC and ST Act. The appellant was also awarded death sentence under Section 302 IPC.

2. A Criminal Reference under Section 366(1) of the Code of Criminal Procedure has been sent by the learned Sessions Judge for confirmation of the death sentence.

3. In short, the prosecution case was that on 27.5.2009, at 9.00 a.m., the deceased Km. Meera Devi, aged 10 years had gone to the pasture for grazing her goats. Her cousin Vivesh, aged 6 years had also gone alongwith her. As Km. Meera Devi became thirsty, they had gone to the tube-well of Munish Pal at about 10.00 a.m., which was operated by th