JUDGMENT :

Joymalya Bagchi, J.

1. The appeal and the death reference are taken up for hearing analogously and are being disposed of by this common judgment and order.

2. The appeal is directed against judgment and order dated 5.9.2016 and 6.9.2016 passed by Special Judge, 2nd Court, Suri, Birbhum, in Special Trial No.6(4)/16 arising out of Special Case No.76 of 2015, convicting the appellant under section 302 of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’) and under section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’) and sentencing him to death for the offence punishable under section 302 of I.P.C. and to suffer rigorous imprisonment for life and to pay a fine of Rs.50,000/-, in default to suffer further rigorous imprisonment for five years for the offence punishable under section 6 of the POCSO Act with a further direction to pay compensation to the tune of Rs.10,00,000/- to the mother of the deceased.

3. Prosecution case, as alleged, against the appellant is to the effect that on 11.12.2015 at around 05:00