OM PRAKASH, J.

1. Aforesaid criminal (capital) appeal has been filed by accused appellants Jeetu Nat and Satish Nat against judgment and order dated 22.08.2017 passed by Additional Sessions Judge, Court No.1, Kannauj in Special Sessions Trial No.34 of 2014 (State Vs. Jeetu Nat and another) arising out of case crime no. 574 of 2014 under Sections 376, 377, 325, 307, 302, 201 IPC and Section 5/6 Protection of Children from Sexual Offences Act (hereinafter referred to as "POCSO Act"), Police Station Chhibramau, District Kannauj whereby accused appellants have been convicted and sentenced to death punishment for offence under Section 302 IPC and to pay a fine of Rs.50,000/- each; for offence under section 376 IPC to undergo imprisonment for life with a fine of Rs.25,000/- each; for offence under section 377 IPC to undergo ten years rigorous imprisonment with a fine of Rs.10,000/- each and in default of payment of fine, two years further imprisonment; for offence under section 325 IPC to undergo five years rigorous imprisonment with a fine of Rs.5000/- each and in default of payment of fine, one year further imprisonment; for offence under section 307 IPC to undergo imprisonment for life with a fine of Rs.10,000/- each and in default of payment of fine, two years further imprisonment; for offence under section 201 IPC to undergo five years rigorous imprisonment with a fine of Rs. 5000/- each and in default of payment of fine, one year further imprisonment and for offence under section 5/6 POCSO Act, accused-appellants have been convicted and sentenced to imprisonment for life with a fine of Rs.25,000/- each. All the sentences were directed to run concurrently.

2. Trial Court has also sent a reference under section 366 Cr.P.C. for confirmation of the death sentence, which is being disposed of along with aforesaid appeal.

3. Incident took place sometime after 12:00 Noon on 25.07.2014 and before 6:00 A.M. of 26.07.2014. First information report (hereinafter referred to as "F.I.R.") was lodged by Neelu (P.W.1), father of deceased, against unknown persons on 26.07.2014 at 7:15 A.M. at Police Station Chhibramau, District Kannauj. Deceased was aged about 8 years. She was daughter of complainant.

4. Prosecution story, in brief, as unfolded in written report (Ex.Ka.1) is as follows :

Informant (P.W.1) Neelu son of Indal resident of village Mohan Nagla, P.S. Chhibramau, District Kannauj moved written report (Ex.Ka.-1) dated 26.07.2014 at police station concerned mentioning therein that on 25.07.2014 at about 12:00 noon, his daughter, about 8 years of age, after leaving the house, had gone to play in village. Informant had gone to earn his livelihood and his wife had also gone to collect grass from fields. When, in evening, informant and his wife returned to home, their daughter was found missing. A search was made by them in entire village and nearby fields, but she could not be found. On 26.07.2014, in morning at about 6:00 A.M., on mend (boundary) of the field of Sipahi Ram, near a pond, dead body of his daughter was found kept in a bag. Blood was oozing from her private part. Suspicion was shown by informant that offence of rape had been committed upon her daughter. Leaving dead body at the place of occurrence, informant came to police station for lodging F.I.R..

5. On the basis of written report (Ex.Ka.-1), Chik F.I.R. No.309 of 2014 (Ex.Ka.-3) was registered at crime no.574 of 2014 under Sections 376, 302, 201 IPC and Section 5/6 POCSO Act against unknown persons on 26.07.2014 at 7:15 A.M. G.D. entry was also made at same time which is Ex.Ka.-4. Investigation was entrusted to the then S.H.O. C.L. Verma (P.W.7).

6. Investigating Officer commenced investigation. He reached place of occurrence on 26.07.2014 itself and took into possession a pair of pink colour sleeper of size 10 (small) under which mud and dung were affixed, one blue colour ready-made underwear stained with blood and semen, which were belonged to deceased and gunny bag