N.N. Mathur, J. - (1.) The factual matrix leading to the instant Murder Reference made by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar for confirmation of death sentence awarded to the accused Jamil Khan, a young man of 19 years of age, give an account of a sex maniac, who libidinously ravaged a tiny girt aged 4 to 5 years and finished her off. Learned Special Judge vide his judgment dated 15.4.2004 having found the charge of rape & murder proved against the accused Jamil Khan, convicted him for the offence under in Section 302 Indian Penal Code and sentenced to death. He has made Reference to this Court for confirmation of death sentence in accordance with the provisions of Section 366 Cr.P.C.
(2.) Accused Jamil Khan, hereinafter referred to as "appellant" has also preferred the appeal through jail. which has been registered as D.B. Criminal Jail Appeal No.425/ 2004 challenging his conviction & sentence awarded as follows: 302 Indian Penal Code : Sentenced to death; 376 Indian Penal Code : Sentenced to life imprisonment & to pay a fine of Rs. 2,000/- & in default, to further undergo two months' S.I.; and 201 Indian Penal Code : Sentenced to 3 years' R.I. & to pay a fine of Rs. 500/- & in default, to further undergo one month's S. I. The sentences awarded for the offence u/ss. 376 & 201 Indian Penal Code have been ordered to run concurrently.
(3.) The appellant has been provided the services of the Amicus Curiae Shri Vineet Jain, Advocate, at the State expenses. He has been provided-with a copy of the paper book of the case and time to prepare the case.;