(1.) DEATH sentence awarded by learned Special Judge ec Act/additional Sessions Judge, Agra in Sessions trial No. 83 of 2004 having been confirmed by the allahabad High Court in appeal and in the reference made under Section 366 of the Code of Criminal procedure, 1973 (in short the 'code') this appeal has been filed. The appellant was convicted for offences punishable under Sections 364, 376 and 302 of the indian Penal Code, 1860 (in short the 'ipc' ). The girl who had not seen six summers in life was the victim of sexual assault and animal lust of the accused appellant. She was not only raped but was murdered by the accused appellant.
(2.) PROSECUTION version as unfolded during trial read as follows:
(3.) SINCE confirmation of death sentence needed approval of the High Court, reference was made to the High Court.
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