JUDGMENT

Sujoy Paul, J. - The validity of judgment dated 24/01/2020 passed in S.T.No.22/2019 is under question in this reference and in the criminal appeal filed by the appellant whereby the Court below held the appellant guilty for committing offences under Section 376(AB) of Indian Penal Code and directed to impose death sentence. The appellant was also held guilty for committing offence under Sections 366 and 324 of Indian Penal Code for which he was directed to undergo sentence of 10 years R.I. and 3 years R.I. respectively with default stipulations.

FACTUAL BACKDROP :

2. The parents of the prosecutrix/victim are beggars. They were residing in a vacant place/jail ground near Bus Stand Narsinghpur. The incident had taken place in the intervening night of 24/06/2019 and 25/06/2019. Four days before the incident, certain other relatives of victim also reached the ground where victim and her parents were staying. They were also staying with the family of the victim.

3. As per the prosecution story, on 24/06/2019 at around 10:00 P.M. the parents of victim, the victim and her younger sister went to sleep. At around 2:30 A.M., the mother of victim (PW-3) found that victim is sleeping in h