2025 INSC 317 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 239 OF 2025 SANJAY … APPELLANT(S)

Versus STATE OF UTTAR PRADESH … RESPONDENT(S)

O R D E R

SANJAY KAROL, J.

1. The present appeal arises from the final judgment and order dated 26^th July, 2005 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.4911 of 2004 & Reference No.15, which confirmed the judgment and order dated 21^st September, 2004 passed by the Additional Sessions Judge, Signature Not Verified Fast Track Court No.16, Bulandshahar, in Sessions Case Digitally signed by SONIA BHASIN Date: 2025.03.04 No.306/2004 whereby the accused-appellant, Sanjay, was Reason:

convicted under Section 302 and 376(2)(G) of the Indian Penal Code (hereinafter ‘IPC’) and sentenced to death. The incident in question relates to the alleged rape and murder of a four-year-old girl child.

Prosecution Case

2. The prosecution case emerging from the record, as also set out by the Courts below, is as under :

2.1 On 22^nd April, 2004, Sanjay (hereinafter referred to as the accused) accompanied the complainant’s daughter, aged 4 years (hereinafter referred to as ‘X’) and her paternal aunt,