Samvatsar, J. -- 1. This Death Reference is submitted by the First Additional Sessions Judge, Vidisha, for confirmation of death sentence imposed by him in ST N 0.191/2005, whereby the accused Raj u alias Rajkumar is found guilty for commission of offence under sections 376(2)(f) and 302 of IPC and sentenced him death sentence. Criminal Appeal No.451/2007 is filed by accused Raju alias Rajkumar challenging the death sentence and conviction. Hence, this judgment shall govern the disposal of Death Reference No.2/2007 and Criminal Appeal No.451/ 2007.

2. As per prosecution case, one Ku. Sitabai aged about 11 years was school-going girl. She had gone to school on 12.9.2005 and after closing of her school, she used to return at about 4:00 p.m., but on that date she did not return to her home. Hence, her father Harprasad (PW5) went to the school for searching his daughter, where he was told that his daughter had already left the school for home. When Harprasad (PW5) was returning, he found her dead body lying in the bushes on the way with her school bag, books and dress. He lodged a report of the said incident with Outpost Khamkhera, where report was recorded as EX.P-13 and EX.P-1