JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. This appeal and reference arise out of a common judgment of the Special Judge (POCSO), North Tripura, Dharmanagar dated 19th/21st August, 2019 by which the learned Judge convicted the accused for the offences punishable under Sections 302 and 376AB of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred to as the 'POCSO Act', for short). For offence under Section 376AB of IPC, accused was sentenced to life imprisonment. A fine of Rs. 50,000/- also imposed. For offence under Section 4 of POCSO Act, similar sentences of life imprisonment and fine of Rs. 50,000/- have been imposed. For offence under Section 302 of IPC, the learned Judge awarded death penalty. The conviction and sentence are challenged by the accused. In view of the capital punishment, reference for confirmation of death penalty is also placed for our consideration.

2. Briefly stated the prosecution version was that one girl aged about 6 and half years (hereinafter to be referred to as the 'victim') the daughter of the complainant Shibcharan Tanti, was playing with the neighbour's children watching TV togethe