(Delivered by Hon'ble Prabhat Chandra Tripathi, J.)

1. We have heard Sri Rahul Mishra, learned Amicus Curiae for the appellant and Sri Rajeev Gupta, learned A.G.A. for the State of U.P. respondent.

2. This case has come-up before this Court on two counts:-

"Firstly, under Chapter XXVIII Submission of Death Sentences for Confirmation, under Section 366 Cr.P.C. Sentence of death to be submitted by Court of Session for confirmation [Chapter IX Rule 64 General Rules (Criminal)] and secondly, as a Criminal Appeal."

3. This criminal appeal has been preferred by the accused person- appellant Pappu against the impugned judgment and order of the then learned Additional Sessions Judge, Court Number No. 2, Kushinagar At Padrauna dated 8.12.2016 in Sessions Trial No. 414 of 2015, arising out of Case Crime No. 840 of 2015, under Sections 376, 302, 201 I.P.C. and Section 3/4 The Protection of Children From Sexual Offences Act, 2012, Police Station Kasya, District Kushinagar, whereby the accused person-appellant Pappu has been convicted under Section 302 I.P.C. and has been punished with death penalty and a fine of Rs. 20,000/- (Rupees Twenty Thousand) only has also been imposed. In case of default of payment of fine, the accused has been sentenced to undergo an additional sentence of simple imprisonment of five years and accused person-appellant Pappu has been convicted under Section 376 I.P.C. and has been awarded sentence of ten years Rigorous Imprisonment and a fine of Rs. 10,000/- (Rupees Ten Thousand) only. In case of default of payment of fine, the accused has to undergo an additional sentence of simple imprisonment of two years, accused person-appellant Pappu has been convicted under Section 201 I.P.C. and has been awarded a sentence of Rigorous Imprisonment for seven years and also a fine of Rs. 5000/- (Rupees Five Thousand) only. In case of default of payment of fine, the accused person-appellant Pappu has been awarded an additional sentence of one year simple imprisonment and also convicted the accused person-appellant Pappu under Section 5/6 The Protection of Children From Sexual Offences Act, 2012 and has been awarded a sentence of ten years Rigorous Imprisonment and a fine of Rs. 10,000/- (Rupees Ten Thousand) only. In case of default of payment of fine, the accused person-appellant Pappu will undergo an additional sentence of two year of simple imprisonment.

4. The written F.I.R. in Hindi Vernacular is enumerated as below:-

"The applicant-Nisha wife of Manoj Harijan, resident of village Sabaya Khas, Police Station Kasya, District Kushinagar moved a written First Information Report before the Inspector, In-charge, Police Station Kasya, District Kushinagar on 4.5.2015 at 12:35 P.M. that Yesterday, on 13.5.2015 in the evening time her daughter Amrata aged about 7 years was playing in the neighbourhood of her home along with Ashana daughter of her neighbour Rajendra Dhobi, Rinka daughter of Mishri and other small children of neighbourhood. At that time, approximately at 6:30 P.M., native of her village and of her caste Pappu son of Ram Preet on the pretext of plucking Lychee took her daughter Amrata towards the southern side of home alongwith him and deterred the rest of the children, who were playing with her from the place by giving them Toffee. Her sister Anita and several other persons of neighbourhood had seen Pappu taking away her daughter. When it became dark after sometime she started searching her daughter then the children, who were playing alongwith her daughter and her sister Anita and persons of vicinity told that Pappu was carrying Amrata alongwith him in the orchard of Lychee towards southern side. She went to the house of Pappu in the evening, night and morning of that day but Pappu was not found at his home. She was searching her daughter till that time. Nothing could be found. She had full confidence that Pappu on the pretext of plucking and making to eat the Lychee had taken her away alongwith him and h