SANJAY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present appeal arises from the final judgment and order dtd. 26/7/2005 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 dtd. 21/9/2004 passed by the Additional Sessions Judge, Fast Track Court No.16, Bulandshahar, in Sessions Case No.306/2004 whereby the accused-appellant, Sanjay, was convicted under Sec. 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.

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

(3.) The Trial Court, after elaborate consideration, vide judgment and order dtd. 20/9/2004, convicted the accused under Sec. 376, 302 and 201 of the IPC. The Court gave the following findings: