JUDGMENT :

VIKRAM NATH, J.

1. The present appeals assail the correctness of the judgment and order dated 15.11.2018 whereby a Division Bench of the High Court of Madhya Pradesh, Bench at Indore, affirmed the death sentence awarded by the Trial Court and at the same time dismissed the appeal preferred by the appellant against his conviction and sentence awarded by the Trial Court.

2. The present appellant was charged for offences under sections 363, 376(2)(i) of the Indian Penal Code¹[In short, “IPC”], sections 5(m)/6 of the POCSO Act and sections 302 and 201 IPC. The Trial Court vide judgment dated 17.05.2018 convicted the appellant for all the offences and awarded the following sentences as against each of the offences:

Offence under section Sentence Fine

363 IPC 5 years RI Rs.1,000/-

376(2)(i) IPC Life imprisonment Rs.5,000/-

5(m)/6 of POCSO Act Life imprisonment Rs.5,000/-

302 IPC Death sentence Rs.5,000/-

201 IPC 5 years RI Rs.5,000/-

3. The appeal preferred by the appellant was dismissed by the High Court and the death reference forwarded by the Trial Court was affirmed, as already noted above.

4. During the pendency of these appeals, the appellant moved an application