JUDGMENT :

(N. Kotiswar Singh, J.)

1. Heard Mr. A.M. Bora, learned Senior counsel appointed as an amicus curiae in the Death Sentence Reference No.2 of 2019, assisted by Mr. V.A. Chowdhury, learned counsel and Mr. Z. Alam, learned counsel for the appellant in Criminal Appeal (J) 15/2019, which have been heard together. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

2. Since the appellant has been sentenced to death by the impugned judgment and order dated 29.03.2019 passed by the learned Special Judge, Bilasipara in Special POCSO Case No.4/2018 under Sections 376-AB/302/201 of Indian Penal Code, 1860 [in short, IPC] read with Section 6 of the POCSO Act, 2012 as required under Section 366 of Code of Criminal Procedure, 1973 [in short, Cr.P.C.], the matter has been placed before this Court.

We also have noticed that the appellant also preferred an appeal being Criminal Appeal (J) 15/2019. Accordingly, we have decided to hear the death reference and the appeal jointly.

3. The principal plea taken by the appellant is that the conviction is based on circumstantial evidences and since the circumstantial evidences have not been proved beyond reasonable doubt, the ap