the appellant for the offences punishable under Sections 302 and
376 of the IPC and awarded death penalty.
7.
The proceedings were then submitted to the High Court under
Section 366(1) of the Code for confirmation. The appellant also filed
an appeal. The capital punishment reference as well as the appeal
filed by the appellant were taken up together by the Division Bench
of the High Court and the High Court confirmed the conviction and
sentence. The High Court came to the said conclusion on the basis
that the evidence of PWs 1 to 3 were trustworthy and that the chain
of circumstances pointing to the guilt of the appellant stood
established unbroken, by their evidence. The discrepancies in the
testimonies of PWs 1 to 3 pointed out by the appellant were rejected
as minor and insignificant. The theory of animosity and false
implication put forth by the appellant and sought to be established
through the evidence of DW1 were rejected by the High Court. The
High Court found fault with the appellant for not coming up with
any explanation as to what happened to the girl, especially in the
light of the burden cast upon him under Section 106 of the
Evidence Act.
4
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