Penal Code, 1860–Secs. 302 & 376–Conviction–Sentence enhanced by High Court up to death penalty–Propriety–Circumstantial evidence–Appellant committed rape with the deceased and thereafter murdered her–Dead body was found lying below the cot in the house of the appellant–He
was sitting outside of his house when the police reached–Appellant’s mother and brother had gone outside–This fact could not be in knowledge of any other outsider person–Further, it is not probable that a person having no concern with such a house would dare to take a girl inside the house to fulfill lust and kill to her–Rape was committed by using the cot for comfort–Outsider will have no reason to conceal the dead body–Held, a conviction was justified, however, the case does not fall in the category of rerest of the rare case–Sentence of trial Court restored.
