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