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