JUDGMENT :

Ramesh Sinha, J.

(A) INTRODUCTION

(1) Two accused persons, namely, Santosh Kumar Nat and Mamman alias Sonu alias Tejpal, were tried by the Additional District & Sessions Judge/Special Judge (POCSO Act), Faizabad in Special Sessions Trial No 84 of 2014 (C.N.R. No. UPFZ01-001666-2014, Registration No. 466 of 2014) : State Vs. Santosh Kumar Nat and another, arising out of Case Crime No. 357 of 2014, under Sections 3 02 , 376A, 376D, 377 and 201 of the INDIAN PENAL CODE , 1860 (in short, referred hereinafter as ‘I.P.C.’) and Section 3 /4 of the Protection of Children from Sexual Offences Act, 2012 (in short, referred hereinafter as ‘POCSO Act’), Police Station Kotwali Bikapur, District Faizabad.

(2) Vide judgment and order dated 16.11.2019, the Additional District & Sessions Judge/Special Judge (POCSO Act), Faizabad, convicted and sentenced accused persons, Santosh Kumar Nat and Mamman alias Sonu alias Tejpal, in the manner as stated hereinbelow :-

i. Under Section 302 I.P.C. to be hanged to death till they are dead and fine of Rs.50,000/-. In default of fine, two years additional rigorous imprisonment;

ii. Under Section 376A I.P.C. to undergo life imprisonment;

iii. Under Section 376D I.P.C. to undergo rigorous imprisonment for life along with fine of Rs.25,000/-. In default of fine, one year additional rigorous imprisonment;

iv. Under Section 377 I.P.C. to undergo rigorous imprisonment for life along with fine of Rs.25,000/-. In default of fine, one year additional rigorous imprisonment; and

v. Under Section 201 I.P.C. to undergo seven years R.I. and fine of Rs.10,000/-. In default of fine, six years additional rigorous imprisonment.

All the sentences were directed to run concurrently.

(3) Aggrieved by the aforesaid judgment and order dated 16.11.2019, convicts/appellants, Santosh Kumar Nat and Mamman alias Sonu alias Tejpal, preferred Jail Appeal No. 2322 of 2019 : Santosh Kumar Nat and another Vs. State of U.P.

(4) Capital Case No. 1 of 2019 arises out of the Reference made by the learned trial Court under Section 366 (1) of the Code of Criminal Procedure, 1973 to this Court for confirmation of the death sentence of convicts Santosh Kumar Nat and Mamman alias Sonu alias Tejpal.

(5) Since the above-captioned capital sentence reference and jail appeal arise out of a common factual matrix and impugned judgment dated 16.11.2019, we are disposing of these matters, by this common judgment.

(6) In view of the judgments of the Apex Court in Bhupinder Sharma Vs. State of H.P. : (2003) 8 SCC 551 and Nipun Saxena and another Vs. Union of India and others : 2018 SCC OnLine 2772 , the name of the victim is not being mentioned and describe her as “victim X” in the judgment hereinafter.

(B) FACTS

(7) The informant Sri Prem Chandra (P.W.1) had filed written report (Ext. Ka.1), alleging therein that on 11.09.2014, at about 06:00 p.m., his daughter, the ‘victim X’, aged about 06 years, had gone from house on the outer side of village for call of nature, after informing to her mother Usha (P.W.3) but she (‘victim X’) did not return home, then, they searched a lot but could not trace her. His daughter’s appearance is dark colour; small hair on the head; short height 2¾ feet; average built; barefoot; and wore pink colour frock, tight pinkcolour paijama, pink colour underwear, silver ear rings in the ears; and simple nose pin on t