(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)

I. A. Ansari & S.P. Singh, JJ. Under challenge, in the present appeal, are the judgment, dated 01.10.2013, passed, in Sessions Trial No.440 of 2013, by learned Sessions Judge, Jamui, and the order, dated 19.10.2013, whereby sentence has been imposed on the accused-appellant.

2. By the impugned judgment, learned trial Court has convicted the accused-appellant under Sections 376 and 302 of the Indian Penal Code and also under Sections 4, 6, 8 and 10 of the Prevention of Children from Sexual Offences Act, 2012. Following his conviction under Section 302 of the Indian Penal Code, the accused-appellant has been sentenced to death. No separate sentence has been passed against the accused-appellant for his conviction under Section 376 of the Indian Penal Code and/or Sections 4, 6, 8, and 10 of the Prevention of Children from Sexual Offences Act, 2012.

3. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) Deceased N.K (name not mentioned for the reasons of confidentiality) was daughter of PW 2, who used to live with his brothers having a common courtyard. On 24.08.2013, at about 7.00 A.M., N.