RAJEEV RANJAN PRASAD, J.:–The appellants in Cr. Appeal (DB) No. 218 of 2021 and Cr. Appeal (DB) No. 285 of 2021 have been convicted by the learned Additional Sessions Judge VI-cum-Special Judge, POCSO, Patna in Special POCSO Case No. 186 of 2018 (arising out of Mahila P.S. Case No. 136 of 2018 registered for the offences punishable under Sections 376, 376 (b), 504, 506, 354(D), 120(B) of the Indian Penal Code (in short ‘IPC’) and Sections 4, 6, 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’).

2. Learned trial court has convicted them for the offences under Sections 376(DB) IPC and under Section 6 of the ‘POCSO’ Act read with Section 120(B) IPC. So far as appellant Arvind Kumar @ Raj Singhania of Cr. Appeal (DB) No. 218 of 2021 is concerned, he has been further convicted under Sections 506 IPC.

3. The appellant Arvind Kumar @ Raj Singhania has been awarded capital punishment/death penalty for the offence under Section 376(DB) read with Section 120(B) of the IPC and under Section 6 of POCSO Act and a fine of Rs. 01 lakh. He has been sentenced rigorous imprisonment for two years and a fine of Rs. 05 thousand under Section 506 IPC. After awarding the death penalty the learned trial court has made a reference under Section 366 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) to this Court for confirmation of the death penalty. The reference has been registered as Death Reference Case No. 03 of 2021 and the same is under consideration together with the two appeals.

4. The appellant Abhishek Kumar in Cr. Appeal (DB) No. 285 of 2021 has been awarded a term of life imprisonment and fine of Rs. 50 thousand for the offence under Section 376(DB) read with Section 120(B) of the IPC.

5. We appointed Sri Rajesh Singh, learned Senior Counsel together with Ms. Surya Nilambari an Advocate as Amicus Curiae to assist this Court in the matter.

6. Heard Mr. Baxi S.R.P. Sinha, learned Senior Counsel assisted by Mr. Prem Ranjan Kumar, learned Advocate for the appellants and Mr. Ajay Kumar Mishra, learned Additional Public Prosecutor for the State as also the learned Amicus Curiae.

Prosecution Case

7. A first information report was registered on 19.09.2018 with Phulwarisharif Mahila Station giving rise to P.S. Case No. 136 of 2018 under sections 376, 376(b), 120(B), 504, 506, 354(D) IPC and Sections 4, 6 and 12 of POCSO Act. The informant is mother of the victim girl. It is alleged in the written complaint that the victim ‘X’ aged about 11 years was a student of New Central Public School, Phulwarisharif. She was studying in Class V for about one year. The School Principal Arvind Kumar (appellant in Cr. Appeal (DB) No. 218 of 2021) sexually exploited the victim girl and by making her video, under threat that the same will be made viral, he was blackmailing her. At this stage, it is alleged that in this act one Teacher of the said school namely, Abhishek Kumar aged about 26 years (appellant in Cr. Appeal (DB) No. 285 of 2021) was also helping the principal. The informant (PW 3) alleged that there is a bed room of the principal adjacent to the class room and in the name of checking of writing, the victim girl was being taken to the said room where she was being exploited. The victim girl, it is alleged that, was not disclosing these happenings as she was frightened but after convincing her to disclose the entire facts, she disclosed that her principal was calling her on the pretext of writing check through Abhishek and then he was indulging in wrong act. As per allegations, this led to stoppage of menstruation of the victim and she had a bout of vomiting which led to a suspicion in the mind of of her mother and she got her pregnancy tested wherein the pregnancy was confirmed. The alleged act were being done under threat showing a knife. The written complaint, registration of the case by officer-in-charge of Mahila Police Station and formal FIR are Exhibit 2, 2/1 and 3 respectively.

8. The case wa