Umesh Chandra Srivastava, J.

1. This appeal has been filed against the judgment and order dated 3.3.2016 of Additional Sessions Judge/Fastrack Court, Saharanpur passed in S.T. No.387 of 2013, State vs. Boby, by which the appellant has been convicted under Sections 376-A and 302 of IPC and sentenced with capital punishment for the first count and the same punishment i.e. death penalty and to pay Rs.5,000/- as fine for the second count.

2. A reference being reference No.2 of 2016 has also been made by the Additional Sessions Judge, Fastrack, Saharanpur under Section 366 (i) of the Code of Criminal Procedure for confirmation of death punishment awarded the appellant for the offences under Sections 376A and 302 IPC.

3. Both the above mentioned criminal appeal and reference being connected with the same judgment are being decided together by a common judgment.

4. The prosecution case as set up in the FIR is that appellant Boby Singh son of Sushil, who is the resident of village Fatehpur Kalan, Police Station Nagal, District Saharanpur took deceased Km. Payal aged about two and half years of the same village to a sugarcane field on the pretext of providing toffee to her and killed