JUDGMENT :

C.T.RAVIKUAMR, J.

1. The appellant, who was to avuncularise being the cousin brother of victim’s mother, was found to have stripped, stuprated and strangled to cause her death. The incident took place on 19.9.2014 between 08:30 pm and 09:30 pm, inside the ruined bada (used in the sense ‘varanda’) of Jagan Sindhi, which is a dilapidated, worthless building, situated at Thakur Das Baba Road, Dabra in the district of Gwalior in Madhya Pradesh. Hereafter in this judgment it will be referred to as “occurrence place” only, for brevity. The victim was aged 8 years. The appellant, who is a convict -awarded with capital sentence, calls in question the common judgment dated 14.7.2016 of the High Court of Madhya Pradesh at Gwalior in Criminal Reference Case No.101/2015 titled as “State of Madhya Pradesh vs. Veerendra” and in Criminal Appeal No.39/2015 titled as “Veerendra Vs. The State of Madhya Pradesh”. Over the stated incident, Crime No.857/2014 was registered at Police Station, Dabra, soon after the noon of night, to be precise at 00:05 hrs on 20.09.2014. The appellant was arrested on 20.9.2014 at about 04:00 pm. Upon culmination of the trial for offences punishable under Section