JUDGMENT :

1. Heard Mr. A. K. Kashyap, learned Amicus Curiae in Criminal Appeal (DB) No. 1191 of 2016 for the appellant assisted by Mr. Akshay Kumar Mahto, learned counsel and opposed by Mr. Saket Kumar, learned A.P.P.

2. This appeal is directed against the judgment dated 22.09.2016 passed by Sri Manoj Srivastava, learned Principal District & Sessions Judge, Seraikella-Kharsawan in S. T. No. 90 of 2012 whereby and whereunder the appellant has been convicted for the offences under Section 376/302 I.P.C. and has been imposed capital punishment for the offence under Section 302 I.P.C. along with a fine of Rs. 50,000/- and has further been sentenced to undergo imprisonment for life and fine of Rs. 50,000/- for the offence under Section 376 I.P.C.

3. The FIR was lodged by Chandu Soren which reveals that on 08.11.2011 at around 4:00 P.M. when the informant was passing through the Chowk at Barakudar village, he had seen Durga Soren @ Bhota (Appellant) taking away his daughter Puspa Soren (Deceased) on the pretext of playing and along with them two other children namely, Mansa Soren and Nikita were also going. When even at 7:00 P.M., his six year old daughter did not return home, he had g