JUDGMENT :

V.K. SHUKLA, J.

The reference has been made for confirmation of order of capital punishment of death awarded in Special Session Trial No. 55/2018, passed by 6th Additional Sessions Judge/Special Judge, Katni, whereby the accused has been convicted under section 376(AB) amended by Act No. 22/2018) and 376(2)(I) and 323 of Indian Penal Code and under section 3/4 and 5(E)/6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to death by hanging till he dies subject to confirmation by the High Court.

2. The convict has filed Criminal Appeal No. 5786/2018 against the said judgment, therefore, both the reference and appeal are taken up for hearing together and are being disposed of by common order.

3. Prosecution story in short is that on 6-7-2018 in the night of 23.10 hours, a written complaint (Ex.P-1) was submitted before the Police Station Katni by Suman Panjwani (Badi Maa of the prosecutrix) alleging that the prosecutrix is daughter of his sister-in-law (wife of husband’s elder brother) and she is aged about 5 years old and is studying in KG-1 in Bardsle English Medium School. The accused, who is an auto driver of Auto No. MP21R/0145 was engaged to pick