JUDGMENT :

SHAILENDRA SHUKLA, J.

1. The present reference and appeal arise out of judgment dated 17-12-2018, pronounced in Special Case No. 3/2018, by the Second ASJ and Special Judge (POCSO Act), Jaora, District Ratlam whereby, accused Waris has been convicted under the provisions of sections 376(2)(f), 376(2)(n), 376-AB, 302 and 201 of Indian Penal Code and section 5/6 of POCSO Act and has been sentenced as under :—

Provision of Indian Penal Code Sentence Section 376 -AB Indian Penal Code Death sentence (to hang till death) with fine of Rs. 5000/-. One year RI if fine not paid. Section 302 of Indian Penal Code Death sentence (to hang till death) with fine of Rs. 5000/-. One year RI if fine not paid. Section 201 of Indian Penal Code RI for a period of 5 years with fine of Rs. 5000/-

2. The accused has not been sentenced separately under section 376(2)(f), 376(2) of Indian Penal Code and section 5/6 of POCSO Act in view of section 71 of Indian Penal Code, which provides for imposing sentence in an offence, which provides for more severe punishment.

3. The admitted facts are that Salma Bi was the third wife of accused and that the deceased girl-child ‘A’ (name withheld) was the daughte