incident of rape and murder of the budding life of a tender young girl1 aged about 3 years and 9 months. 3. Despite the shabby investigation, the overzealous approach of the Courts below, to impart justice, in a sense that someone must be held responsible for the crime, has led to the conviction of the appellant herein2, who was a young man aged about 25 years at the time of the incident and has remained incarcerated for more than 12 years with the Damocles sword of impending death penalty hanging over his head for more than 6 years. 4. Succinctly stated, the facts relevant and essential for disposal of the appeals may be noted hereinbelow. 5. The complainant, Manoj Bhaskar Sadavarte (PW-1)3 a painter by profession, used to reside at Old 1 Hereinafter, referred to as ‘child’ or ‘child victim’. 2 Hereinafter, referred to as ‘accused appellant’. 3 Hereinafter, referred to as ‘complainant’. 2 Criminal Appeal No(s). 1954-1955 of 2022