JUDGMENT :

(Prashant Kumar Mishra, J.)

These appeals would call in question, the impugned Judgment of conviction and sentence dated 24.12.2018 passed by the High Court of Judicature of Madhya Pradesh at Indore in Criminal Reference No. 03 of 2018 and Criminal Appeal No. 3830 of 2018 upholding the conviction of the appellant under Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 376(2)(m), 302 and 201 of the Indian Penal Code¹[(for short, ‘IPC’)], and Section 5(m), 5(i) read with Section 6 of Protection of Children from Sexual Offences Act 2012,²[(for short, ‘POCSO’)], and confirming the sentence of death imposed on the appellant by the Fifth Additional Sessions Judge, Indore (MP) in Sessions Trial No. 87 of 2018 arising out of Crime No. 50 of 2018 dated 20.04.2018, registered at P.S. Sarafa, Indore, Madhya Pradesh.

2. The appellant has been convicted and sentenced for committing rape and murder of 3 months old girl child. The appellant was tried for the afore-mentioned offences on the allegation that complainant-Sunil and his wife were engaged in the business of selling balloons and they were residing at Rajawada, Indore (MP). On 20.04.2018, complainant-Sunil along with