JUDGMENT

Rajiv Sharma, J. - Since common questions of law and facts are involved in the aforesaid murder reference and appeal, therefore these are taken up together and disposed of by a common judgment.

2. The Murder Reference No.02 of 2018 has been made by the learned Additional Sessions Judge/Special Judge, Mansa, for confirmation of death sentence awarded in Sessions Case No.32 of 01.07.2016. The Criminal Appeal No.CRA-D-764-DB-2018 has been filed on behalf of the appellant against his conviction in aforesaid Sessions case whereby he was charged with and tried for offences punishable under Sections 364, 376, 302, 2O1 of the Indian Penal Code (in short "IPC") and sections 3, 4 and 5 of the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act"). He was awarded death sentence under Section 376-A IPC for committing rape and murder of the victim (name withheld), aged 6 years, subject to confirmation by this Court. He was also sentenced to pay fine of Rs. 50,000/-, in default of which to further undergo rigorous imprisonment for a period of one year for the offence under Section 376-A IPC in case his death sentence is not confirmed by this Court. He was also sente