P. Diwaker, J.

1. This death reference was made to this Court under Section 366 of the Criminal Procedure Code, 1973 for confirmation of the sentence passed against the appellant before this Court. The appeal of the accused and the death reference case were heard together and this judgment will govern both the reference and the appeal.

2. A large number of cases in recent times coming before the Courts of law involving rape and murder of young girls, is a matter of concern. In the instant case girl was about three years of age who was the victim of sexual assault and animal lust of the accused-appellant; she was not only raped but was murdered by the accused/appellant.

3. This death reference and the criminal appeal arise out of the judgment dated 17.6.2016 passed by the Court of Additional Sessions Judge, Fast Track Court, Raigarh in Special Case No.19/2016 in which, the accused/appellant herein was tried, found guilty, convicted and sentenced to undergo death sentence (he was directed to be hanged by neck until he dies) and to pay a fine of Rs.5,000/- for the offence punishable under Section 302 of the Indian Penal Code (for short 'the IPC'); to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default of payment of fine, to undergo additional rigorous imprisonment for one month for the offence punishable under Section 363 IPC; to undergo rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default of payment of fine to undergo additional rigorous imprisonment for two months for the offence punishable under Section 366 IPC; to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine to undergo additional rigorous imprisonment for six months for the offence punishable under Section 377 IPC; to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/-, in default to undergo additional rigorous imprisonment for one month for the offence punishable under Section 201 IPC and also to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default of payment of fine to further undergo additional rigorous imprisonment for six months for the offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012. The substantive sentences of imprisonment were directed to run concurrently.

4. According to the prosecution case, the victim, a 3 years old girl, along with her parents was residing at Flat No. D-15 situated at 4th floor of the building in which the accused/appellant was residing at 2nd floor in Flat No.D-19. On 24.2.2016 the victim girl went missing. Her family members and neighbourers searched for her relentlessly and also reported the matter to the police vide Ex.P-1 based on which unnumbered FIR (Ex.P-2) was registered at Police Outpost Jute Mill, Rajnandgaon. Thereafter, registered FIR (Ex.P-36) under Section 363 IPC was registered at Police Station Kotwali, Rajnandgaon against unknown person for the offence punishable under Section 363 IPC. Having come to know on 25.2.2016 that the accused/appellant is claiming that he can trace the whereabouts of the girl within an hour by performing pooja, the parents of victim girl approached him and asked him to perform pooja and also provided him material required for performing pooja. Accused/appellant informed them that the girl is packed in a gunny bag lying in the bushes near the pole at Amlibhauna. This disclosure made by the accused/appellant has created doubt in the mind of not only the parents of the girl but also the neighbourers and according the police was called. Accused/appellant was thoroughly interrogated on the basis of suspicion and during interrogation, the accused/appellant disclosed that when the victim was walking down, he took the girl inside his room, undressed her and after removing his clothes committed sexual intercourse with her as a result of which she started crying loudly, therefore, he gagge