JUDGMENT

Shah, J.-Being aggrieved and dissatisfied by the order passed by the High Court of Judicature at Jabalpur, M.P., the accused has filed this appeal. By the impugned judgment and order dated 19.3.2001, the High Court confirmed the judgment and order passed by the Additional Sessions Judge, Umariya in Sessions Case No. 117/99 convicting the appellant for the offence punishable under Section 302 and 376 of Indian Penal Code and sentencing him to death.

2. It is the prosecution case that PW1 Mohan Lal Sahu when returned at his home at about 6.00 p.m. on 25th January, 1999, he found that his grand-daughter (daughter of his late daughter) Jyoti aged about 6 years was not present in the house. He enquired about her from his daughter-in-law and other persons. He was informed that she had gone to visit cinema alongwith the accused. After some time when accused Bantu @ Naresh visited his residence, he enquired about whereabouts of Jyoti and accused stated that he did not know anything about Jyoti and that he had not taken her alongwith him for going to cinema. Thereafter, he and other family members and residents of the locality started searching Jyoti. During the search, few people in