2 victim and shirt containing dust particles and hair were recovered from the appellant. The body of the victim was sent for post-mortem examination, which was conducted by Dr. Mukesh Goyal(PW-12). The following injuries were found on the body of the victim which is evident from the post-mortem report (exhibit-P-55): “i) Multiple abrasions and contusions on back area. ii) Ligature mark around the neck. iii) Lacerated wound present over the external orifice, post part of libia jaora and minura. iv) labia minora severally contused.” The police after completing the investigation, charge- sheeted the appellant for offences under Sections 363, 366, 376 and 302 of the Indian Penal Code. The trial Court after appreciating the evidence adduced by the prosecution, awarded death sentence to the appellant and referred the proceedings for confirmation to the High Court. The Division 21.07.2008 Bench in of Criminal the High Reference Court vide No.02/2007 judgment set dated aside the judgment of the trial Court and remanded the case to the trial Court to record its satisfaction as to whether the appellant is of sound mind and is in fit mental condition to defend himself. It was further directed that in case the appellant is found to be in fit mental condition to defend himself, he should be put to trial. The trial Court thereafter got the appellant medically examined by the Assistant Professor, G.R. Medical