JUDGMENT

Shailendra Shukla, J. - The present reference and appeal arise out of judgment dated 30.9.2019, pronounced in Special Case No. 2147/2018 by the 15th A.S.J. and Special Judge, Indore whereby, appellant Honey @ Kakku has been convicted for the offence punishable under Sections 363 , 366, 376AB, 302, 201, 376A of IPC and under Section 5 (n) read with Section 6 of POCSO Act. The accused has not been sentenced separately under Section 5 (n) read with Section 6 of POCSO Act, in view of Section 42 of POCSO Act which provides for sentencing under the provisions of IPC, if such provision provides for stiffer sentence and therefore was sentenced under Section 376AB in place of Section 5 (n) read with Section (6) of POCSO Act. Ultimately, the appellant has been sentenced under various provisions as under :-

2. The prosecution story in short was that on 25.10.2018 Ashu (PW2) had left his daughter 'A' aged about 4 years to the coaching classes run by Anamika (PW7) at Sudama Nagar, Indore at about 5.00 PM and when he came back to fetch his daughter he was told by Anamika (PW7) that appellant Honey has already taken his daughter half hour back. Ashu (PW2) came back and he along with his wife Nitika (PW1) searched for their daughter but when they could not find her, a missing person report Ex.P/2 and FIR Ex.P/1 were lodged. The FIR was registered as Crime No.539/2018 under Section 363 of IPC. Next day, ie., 26.10.2018 witness Premnath (PW12) discovered body of a girl child at a spot where Premnath (PW12) had gone to relieve himself. Premnath (PW12) gave an intimation, in M.G. Road Police Station which is Ex.P/24. Police arrived at the spot and prepared spot map Ex.P/25. The body of the girl child was found in naked condition. Its hands and legs were visible but trunk was covered with stones. Merg was registered. On receiving such information, the scientific officer Dr. B.L. Mandloi (PW30) arrived at the spot along with photographer and prepared a report Ex.P/70 and photographs of the spot and the deceased were taken. The identification proceedings were initiated and the father Ashu (PW2) identified the body as that of his daughter. The identification memo was drawn and a panel of doctors performed postmortem in order to determine the cause of death. As per their report, the death was on account of culpable homicide and the gi