V.K. Shukla, J.

The reference has been made for confirmation of order of capital punishment of death awarded in Special Session Trial No.15/2018, passed by First Additional Sessions Judge/Special Judge, Rehli, District Sagar, whereby the accused has been convicted under Section 376 (A B) amended by Act No. 22/2018) and 363 of IPC. The accused has been convicted and sentenced as under:

Conviction	Sentence
U/s 363 of IPC.	R.I. for 7 years with fine of Rs. 500/-,in default of payment of fine, R.I. for 2 months
U/s 376(AB) of IPC	Death sentence, subject to confirmation by this court.

2. The convict has filed Criminal Appeal No.5725/2018 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 21-05-2018, complainant Munni Bai (PW-8) grandmother of the victim lodged a report to the effect that she lives at Khamariya and on 21-05-2018 at about 7.30 p.m. she was in her house, then her grand daughter PW-1 aged about