STATE Vs. RAJESH KUMAR

JUDGEMENT

(1.) Crl.Appeal No.88/2014 is filed by the accused in SC No.682/2012 of the Sessions Court, Thiruvananthapuram by which he was convicted and sentenced to be hanged by the neck till his death for the offence u/s 302 I.P.C., imprisonment for life for offence u/s 376 I.P.C., rigorous imprisonment for 10 years for offence u/s 449 I.P.C., rigorous imprisonment for 10 years for offence u/s 392 of I.P.C. and rigorous imprisonment for 3 years for offence u/s 419 I.P.C. The sentences were to run concurrently and the sentence of death imposed on the accused was subject to confirmation of this Court. DSR No.1/13 has been placed before us for confirmation regarding the death sentence imposed on the accused.

(2.) Before considering the Death Sentence Reference (DSR), it would be appropriate to consider the appeal filed by the accused.

(3.) The victim in the case is a girl aged 15 years. According to the prosecution, the accused trespassed into her house with an intention to commit rape and theft, committed murder by throttling her and thereafter tied a towel tightly around her neck to ensure her death. He committed theft of a gold necklace and a gold ring from her body. The incident came to be known when the victim's mother came back to her house at about 5.30 pm on 6/3/2012. She found the victim lying dead on the floor of her room. On hearing her loud cry, people in the locality came. PW1 went to the police station and gave Ext.P1 FI statement which was recorded by PW30, the Sub Inspector of Police, Vattappara Police Station, who registered Ext.P1(a) FIR .