ORDER

Malimath, C.J. --1. This criminal reference as well as the criminal appeal arise out of the impugned judgment of conviction dated 29.8.2022 and order of sentence dated 30.8.2022 passed by the learned Special Judge, POCSO Act, Khandwa, District Khandwa (M.P.) in Sessions Case No.100053 of 2013.

2. The case of the prosecution is that on 30.1.2013 a missing report was lodged by one Ramlal stating that his daughter, aged about 9 years, went missing from about 6 p.m. on that day. That the accused, who is the neighbour, had sent the victim to get a ‘bidi’ from a shop but the victim never returned. Thereafter, an FIR in Crime No. 38 of 2013 was registered on the next day i.e. on 31.1.2013 with the Police Station Chhaigaon Makhan, District Khandwa for the offences punishable under sections 363 and 366 of the Indian Penal Code, 1860 (for short “the IPC”). During the course of investigation, the body of the victim was found in an open field on 1.2.2013. The accused was arrested on 4.2.2013. On investigation being completed, a charge-sheet was filed on 13.2.2013. Charges were framed a