JUDGMENT

Shah, J.-In Sessions Case No. 7 of 1997 after appreciating the evidence, the Sessions Judge, Gurgaon by order dated 7.9.1999 convicted the appellant for the offence punishable under Section 302, 376 and 363 IPC and sentenced him to death under Section 302, to 7 years rigorous imprisonment under Section 376 and 3 years rigorous imprisonment, Under Section 363. The High Court of Punjab and Haryana at Chandigarh by order dated 26th April, 2000 in Murder Reference No. 3 of 1999 and Criminal Appeal No. 463-DB of 1999 confirmed the conviction and sentence. That judgment and order is under challenge in this appeal.

2. It is the prosecution case that Rinku aged about 11 years was missing from the evening of January 5, 1997. Her body was found on the next day at about 6.30 a.m. The prosecution story as revealed by PW 1 Ram Kewal was that he lodged the FIR at 7.30 a.m. on finding the dead body of Rinku near the bushes at Medical College ground. It is his say that on 5.1.1997, she had gone out of the house at about 6.00 p.m. to bring milk. After the brought milk, he saw raju (accused) offering toffees to Rinku and other children. PW 2 Makhan Lal a neighbour had also seen Rinku and Raj