Amar Saran, J

This capital appeal arises from a judgement of theAdditional Sessions Judge (Court no. 6), Budaun dated31.1.2013 in S.T. No. 505 of 2012 whereby the appellantAkhtar has been awarded a sentence of death under Section302 I.P.C together with a fine of Rs. 25,000/. The appellantAkhtar has also been sentenced to imprisonment for lifeunder section 376 I.P.C and a fine of Rs. 25,000/, and undersection 201 I.P.C, appellant Akhtar has been sentenced to 7years RI and a fine of Rs. 7000/. A death reference has alsobeen forwarded to this Court by the Sessions Judge forconfirming the sentence of death awarded to the appellantAkhtar.

We have heard Sri G.S. Chaturvedi, Senior Advocate,assisted by Sri Ajatshatru Pandey for the appellant and SriAkhilesh Singh, learned Government Advocate assisted by SriR.K. Singh and Sri Anand Tiwari, learned A.G.As for the State.Written arguments along with case law have also been filed bythe learned counsel for the parties.

Background and evidence

The first information report of this case was lodged byPW-1 Baise Ali, father of the deceased Noor-un Nisha on4.4.2012 at 8.15 p.m at the police station Ujhani. This FIRalleges that Noor-un Nisha aged