Anjuli Palo, J.

1. The above criminal appeal is preferred by the appellant, to set aside the impugned judgment of conviction and sentence. The criminal reference (CRRFC No. 04/2017) has been referred under Section 366 (A) of Criminal Procedure Code, 1973 by Second Addl. Session Judge, Multai, District Betul. Both these cases arise out of judgment dated 22.06.2017 passed in Session Trial No. 13/2017 whereby the appellant has been convicted and sentenced as under, therefore are being decided by this common judgment:

Section	Act	Sentence	Fine	In default of fine
449	Indian Penal Code	R.I. for Life Imprisonment	Rs. 25,000/-	R.I. For 1 year
376A	Indian Penal Code	Death Sentence	-	-
376D	Indian Penal Code	R.I. for life imprisonment	Rs. 25,000/-	R.I. for 1 year
302	Indian Penal Code	Death Sentence	Rs. 25,000/-	R.I. For 1 year
6	Protection of Children from Sexual Offence	(awarded death sentence in the major offence under Section 376-A of IPC)

2. Brief facts of the prosecution case is that, appellant is the uncle of the victim. Th