Sujoy Paul, J. :-

The Death Reference and Criminal Appeal are arising out of

impugned judgment dated 05.03.2019 passed in Case No.400160/2015

whereby appellant was held guilty for committing the offences and

sentenced as under :-

Serial

No.

CONVICTION

SENTENCE

1.

Under Section 376(2) (I) New

Section of April 2, 2013 in

Criminal Proceeding is Jointly

with 5/6 Sexual Offences in

Connection with the Child’s

Crime 376-A of the I.P.C.

Death Sentence to be hanged till

death and fine of Rs.200/-(Rs. Two

Hundred) Only. In default of

payment of fine further R.I. for 01

month.

2.

Under Section 302 of the I.P.C.

Death and fine of Rs.200/-(Rs. Two

Hundred Only. In default of

Payment of fine further R.I. for 01

month.

3.

Under Section 201 of the I.P.C.

R.I. for seven years and fine of

Rs.200/- only. In default of

payment of fine further R.I. for 1

month.

All sentences shall run concurrently. In the above death sentence it is directed

that the appellant be hanged by the neck till his death.

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FACTUAL BACKGROUND :-

2.

The case of the prosecution before the Court below was that on

09.06.2015 at around 1:30 P.M. in village Jhagraha, Police Station Amlai,

District Shahdol, the appellant