JUDGMENT :

RAJENDRA MENON, J.

1. The Sessions Judge, Datia by the impugned judgment dated 22-7-2013, in Sessions Trial No. 85/2013, has sentenced the appellant to death for committing the offence of rape and murder of a 7 year old girl and has referred the matter under section 366 of the Code of Criminal Procedure, for confirmation of the death sentence. The appellant has been convicted for offences under sections 376-A, 302, 201, 363 and 366-A of the Indian Penal Code and has been sentenced to death; death and fine of Rs. 5,000/- five years rigorous imprisonment and fine of Rs. 5,000/- and, seven years rigorous imprisonment and fine of Rs. 5,000/- respectively. In addition, appellant has also been convicted under section 4 of the Child Protection Act, and sentenced to imprisonment for life and fine of Rs. 5,000/-.

2. Challenging the same judgment of the learned Sessions Judge, appellant Kamlesh @ Ghanti has also filed an appeal under section 374 of the Code of Criminal Procedure.

3. Since the Reference and the Appeal arise out of the same judgment, both are being decided by this common judgment.

4. It is the case of the prosecution that complainant Gulzar Singh, father of the child in