JUDGMENT :

Manoj Misra, Sameer Jain, J.

1. Najeeruddin (the appellant) has been convicted under Sections 302 , 307, 376, 376-A, 376-AB, 377, 201 I.P.C. and Sections 5 /6 of Protection of Children from Sexual Offences Act (for short Pocso Act), vide judgment and order dated 26th March, 2021 passed by Special Judge (Pocso Act), Azamgarh in Special Sessions Trial No.229 of 2019, and has been awarded following punishment:

(i) Under Section 302 I.P.C., death penalty with fine of Rs. 2 lacs;

(ii) Under Section 307 I.P.C., ten years R.I. with fine of Rs. 1 lac and a default sentence of additional six months R.I.;

(iii) Under Section 376 I.P.C., imprisonment for life with fine of Rs. 1 lac and a default sentence of additional six months;

(iv) Under Section 376 -A I.P.C., imprisonment for life with fine of Rs. 1 lac and a default sentence of additional six months R.I.;

(v) Under Section 376 -AB I.P.C., imprisonment for life with fine of Rs. 2 lacs and a default sentence of additional six months R.I.;

(vi) Under Section 377 I.P.C., ten years R.I. with fine of Rs. 1 lac and a default sentence of additional six months R.I.; and

(vii) Under Section 201 I.P.C., seven years R.I. with fine of Rs. 1 lac and a default sentence of additional three months R.I.

All sentences to run concurrently.

2. As for offence punishable under Section 302 I.P.C., capital sentence has been awarded, the court below has sent a reference for confirmation of death penalty.

3. The appellant has submitted his appeal from jail against the aforesaid judgment and order of conviction and sentence. The said appeal has been forwarded by the Superintendent (Jail), Azamgarh, vide letter dated July 5, 2021, which has been registered as Capital Cases No. 11 of 2021. The appellant has prayed that the judgment and order of conviction and sentence recorded by the trial court be set aside and that he be acquitted of the charges.

4. To represent the appellant, who could not engage a private counsel, by order dated 27.07.2021, Sri N.I. Jafri, learned senior counsel, was appointed as Amicus Curiae.

INTRODUCTORY FACTS IN A CHRONOLOGICAL ORDER

5. To have a clear understanding of the case, it would be useful to have a chronological narration of the facts giving rise to this appeal.

(i) On 25.11.2019 at 10:14 hours, the police station concerned receives an information that some untoward incident has occurred in the house of Deceased No. 1 (for short D-1) (identity of various victims including deceased is not being disclosed because they are victim of sexual crime). The police team visits the spot and discovers D-1, his wife (Deceased No.2 -for short D-2) and infant son (Deceased No.3 -for short D-3), aged about 4 months, lying dead; and D-1's daughter (victim no.1-for short V-1 -PW2), aged about 8 years, and D-1's minor son (victim no.2 -for short V-2), aged about 6 years, lying injured. On the same day, Inquest in respect of D-1 is completed by 11:45 hours and inquest report (Exb. Ka-10), witnessed by five persons including the informant (PW-1), is prepared. Likewise, inquest in respect of D-2 and D-3 is also completed on the same day and inquest reports (Exb. Ka-15 and Exb. Ka-20, respectively) are prepared. PW-1 is one of the five witnesses to all the three inquest proceedings.

(ii) In the meantime, V-1 is taken to Primary Health Centre, Azamgarh where she is medically examined at 12:15 PM by PW-6, who prepares an injury report (Exb. Ka-4) noticing following external injuries:

(a) Lacerated wound 4 cm x 0.4 cm x bone deep on left side of head, 6 cm above left eyebrow;

(b) Lacerated wound 3 cm x 0.3 cm x bone deep on left side of forehead, 3 cm above latera