Hon’ble Naheed Ara Moonis, J.—The instant appeal has been preferred on behalf of the appellant against the judgment and order dated 22.6.2015 and 24.6.2015 passed by the Additional District & Sessions Judge (F.T.C.) Jalaun at Orai in Sessions Trial No. 102 of 2011 (State v. Mahendra Pal Singh) arising out of Case Crime No. 45 of2011 under Sections 302/201/376 IPC Police Station Dakere District Jalaun, whereby the appellant has been awarded capital sentence for the offence punishable under Section 302 IPC. The appellant has further been convicted and sentenced under Section 376 IPC for a term of twenty years rigorous imprisonment with fine of Rs. 5,000/- and under Section 201 IPC for a term of five years rigorous imprisonment with fine of Rs. 2000/-. All the sentences were directed to run concurrently.

2. We have heard learned counsel for the appellant Sri Vinod Singh and learned Government Advocate Sri Akhilesh Singh assisted by Sri Nipendra Kumar Singh Yadav appearing for the State and have been taken through the record.

3. The genesis of the prosecution case in a short compendium is that the First Information Report was lodged by Hemraj (P.W.1) against unknown person on 31.1.2011 at about 11.30 a.m. alleging therein that his daughter aged about 3’1/2 years had disappeared at about 6.00 p.m. on 30.1.2011 and an assiduous search was undertaken by the complainant, his relatives and the villagers but the victim could not be found. On 31.1.2011 at about 10.00 a.m., the corpse of his daughter was traced in a narrow lane tied within a jute sack near his house. The report was scribed by Rajesh Kumar Misra (P.W.3).

4. The chick FIR No. 10/11 was prepared by constable Tulsi Ram (P.W.6) and necessary entries were made in the G.D.entering the Case Crime No. 45 of 2011 under Section 302/201 IPC at Police Station Dakore, District Jalaun. After the registration of the First Information Report, Lalit Kumar S.I. who was entrusted the investigation swung into action. He noted the relevant materials in the case diary. On 31.1.2011, he recorded the statement of the complainant and the Head Constable Tulsiram who had prepared the Chik FIR (Ka.4). He recorded the statement of the scribe of the First Information Report Rajesh Kumar Mishra besides many other witnesses. The investigating officer visited the spot at the instance of the complainant. The corpse of the deceased girl was taken into custody and inquest of the corpse was conducted on 31.1.2011 at 3.00 p.m. After observing necessary formalties, the body was sent for post-mortem escorted by Constable Jai Veer Singh and Head Constable Veerpal. The post-mortem of the deceased was conducted by Dr. Avinash Kumar (P.W.5) on 1.2.2011 at 3.00 p.m. who found the following ante-mortem injuries on the person of the deceased.

Ante-mortem injuries :

1. Abraision sized 6 cm x 2 cm on the outer part of right side neck 5 cm below right ear.

2. Abrasion 5 cm x 2 cm on the left side neck outer part 4 cm below left ear.

3. Abraded contusion on the both whole upper and lower lips clotted blood seen over the wound (lips)

4. Abraided contusion sized 2.0 cm x 2.0 cm on the tip of nose and over both nostrils clotted blood seen over the wound.

5. Vaginal laceration seen around all around the anterior vaginal wall clotted blood seen inside the vagina and over the labia majora.

5. According to the doctor, the cause of death was due to shock as a result of ante-mortem injuries. Rigor mortis was passed of from both upper limbs as well as from both the lower limbs and the time since death was about two days old, the doctor sealed her wearing apparels and found blood stains on underwear.

6. The investigating officer made hectic and tireless efforts to trace the whereabout of the culprit but it yielded no tangible result. On 2.2.2011 the investigating officer recorded the statement of Devi Dayal, brother of the complainant and Rajesh Kumar Mishra scribe of the FIR who were the witnesses of the last seen and were p