J.K. MAHESHWARI, J

Being aggrieved by the judgment dated 19/06/2018 passed in Special Sessions Trial No.16/2017 by the Second Additional Sessions Judge Khurai, District Sagar convicting the accused for the charge under Sections 376A, 302, 342, 201/511 of the Indian Penal Code (hereinafter shall be referred to as “I.P.C”) so also for the offence under Section 6 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter shall be referred to as “POCSO Act”) and directing him to undergo death sentence, rigorous imprisonment for life, rigorous imprisonment for three years and three years with fine and default stipulation, the Criminal Appeal No.5015/2018 has been filed under Section 374(2) of the Code of Criminal Procedure (hereinafter shall be referred to as “Cr.P.C”) by the accused/appellant and for confirmation of the death sentence, Criminal Reference No.5/2018 has been made by Second Additional Sessions Judge Khurai, District Sagar under Section 366(1) of the Cr.P.C.

2. As per the prosecution story, on 13/04/2017 at about 11:00 am, a nine year old girl rushed towards the field near the Power House and the alleged hut of the accused to collect Mahua from the t