JUDGMENT

As per Shantanu Kemkar, J.: —

The Additional Sessions Judge, Manawar, District Dhar vide impugned judgment dated 5-12-2012 passed in Sessions Trial No. 414/2012 has awarded the death sentence to Sunil s/o Bhuria and has made a reference of the proceedings for confirmation of death sentence by this Court. Feeling aggrieved by his conviction and sentence awarded by the impugned judgment, the accused has preferred Criminal Appeal No. 1435/2012. This order will govern the disposal of the reference as also of the criminal appeal.

2. The relevant facts of the case are that on 31-10-2012, the victim, a girl aged four years, whose parents had gone for earning their livelihood, was playing with two other girls of the family, aged six years and three years, in the courtyard of her house. Shyamlibai (P.W. 4), grandmother of the victim, was keeping watch on them. At 3.00 p.m., appellant-Sunil, who is cousin of victim's father, residing next to the house of the victim came there. He lifted the victim to take her with him and started walking away. On being objected by Shyamlibai and Kamal, who is real uncle of the victim who also at that time arrived at home to take his lunch, the appell