JUDGMENT :

SANJAY YADAV, J.

Fifth Additional Sessions Judge & Special Judge [Protection of Children From Sexual Offences Act, 2012], Gwalior (M.P.), vide judgment dated 06.07.2019, in Special Case No.122/2017, having found the accused person guilty under Sections 363, 302, 201 IPC and under Section 3/4 of Protection of Children From Sexual Offences Act, 2012 has inflicted penalty of death sentence and has submitted the matter for confirmation forming subject-matter of Criminal Reference Case No.09/2019. The accused also has preferred an appeal vide Criminal Appeal No.6086/2019 under Section 374 Code of Criminal Procedure, 1973, being aggrieved by the conviction and imposition of death penalty.

2. Dead body of an average male child approximately 10 years of age was found in a deep pit in village Baran, near Laxminarayan Crusher, on the morning of 29.04.2017. On being informed, police party came to the spot led by Sub-Inspector Hemlata Singh (PW-13) Police Station Bahodapur, District Gwalior (M.P.), at 09:30 am. On the spot, she met Ashok Adiwasi (PW-1). The body was stark naked; there were injury marks. Inquest report (Ex.P/4) was prepared in presence of Ashok Adiwasi (PW-1), Mohd. Jam