JUDGMENT

Hemant Gupta, C.J.—The present Reference arises out of a judgment of conviction and order of sentence passed by the learned Special Judge (Under the Prevention of Children from Sexual Offences Act, 2012), Shahdol (M.P.) on 28.02.2018 thereby convicting respondent Vinod alias Rahul Chouhtha for an offence under Section 302 of the Indian Penal Code, 1860 (for short “the IPC”) and sentencing him to death by hanging. The said respondent has been further convicted under Section 376A of IPC and sentenced to imprisonment for life and also convicted under Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo life imprisonment. All sentences were ordered to run concurrently.

2. The convict has filed Criminal Appeal No.2151/2018 against the said judgment. Therefore, both the reference and appeal are taken up for final hearing together.

3. The first information report (Ex.P-1) was lodged at 1.59 a.m. on 14.05.2017 in respect of missing of the daughter of Kallu Kahar between 9 a.m. to 9.10 a.m. on 13.05.2017. The statement is that he has