3
College,
Gwalior
who
after
keeping
the
appellant
under
observation from 13.10.2008 till 09.06.2010 submitted report
that the appellant is in fit condition and is able to defend
himself.
The trial thereafter commenced against the appellant.
The trial Court after appreciating the evidence examined by
the
prosecution
appellant
and
guilty
raping her.
of
material
committing
brought
on
record
murder
of
the
found
victim
the
after
The trial Court also took note of the fact that
earlier also on two occasions the appellant was found guilty of
committing rape on minor girls and was sentenced to 10 years
and 2 years rigorous imprisonment, respectively.
The trial
Court again sentenced the appellant to death penalty.
The
High
Court
vide
its
final
judgment
and
order
dated
04.07.2013 answered the reference made by the trial Court in
affirmative by confirming the death sentence awarded to the
appellant. The conviction and sentence awarded to the appellant
for
offences
Indian
under
Penal
Code
Sections
were
363,
affirmed
366
and
and
the
376(2)(f)
Criminal
of
the
Appeal
preferred by the appellant was dismissed.
We have heard learned counsel for the parties at length.
We are not inclined to interfere with the conviction part.
However,
with
respect
to
sentence,
in
the
facts
and
circumstances of the case, we are inclined to set aside the
capital sentence.
It was stated by learned counsel for the
appellant that the appellant has become the victim of his own
past and there is only circumstantial evidence against him. We
deem it proper to impose the sentence of total 25 years of
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