JUDGMENT

R. Subhash Reddy, J.

1. Leave granted.

2. This criminal appeal is filed by the appellant in Criminal Appeal No.798 of 2013 filed before the High court of Madhya Pradesh at Jabalpur, aggrieved by the judgment dated 25.06.2013. By the aforesaid judgment, while dismissing the appeal preferred by the appellant herein convicted for the offence under Sections 302, 363, 366 and 376(2)(i) of the Indian Penal Code (IPC), the High Court answered the reference in affirmative by confirming the death sentence awarded to the appellant.

3. Necessary facts, in brief, giving rise to this appeal are that the deceased, a minor girl aged about 8 years, had gone to attend the ‘Mela’ along with her younger brother namely Chhunu (PW-4) on 03.02.2013. It is the case of the prosecution that the appellant who is aged about 50 years then, took away the deceased from the ‘Mela’ and committed rape and murdered her. Narendra (PW-2) informed the police stating that his daughter, who had gone to attend the ‘Mela’, has not returned home. Upon such complaint, case was registered and investigation commenced. In the course of investigation one Amit Mourya (PW-1) informed the Investigating Officer that when he wa