JUDGMENT :

Manoj Misra, J.

1. By the impugned judgment and order dated 18.01.2021 /20.01.2021 passed by Special Judge (Pocso Act)/ Additional District and Sessions Judge, Ghaziabad in Case No.313 of 2020, arising out of Case Crime No.1470 of 2020, P.S. Kavi Nagar, District Ghaziabad, the appellant has been convicted under Sections 302, 376-A, 376-AB, 201 IPC and Section 5(i)(M)/6(1) of Protection of Children from Sexual Offences Act (Pocso Act) and as the offences punishable under Sections 376-A, 376-AB IPC and Section 5(i)(m)/ 6(1) of Pocso Act were offences of the same nature, upon noticing that the sentence under Section 5(i)(m)/ 6(1) of the Pocso Act is greater, in light of the provisions of Section 42 of the Pocso Act, the appellant has been punished as follows:-

(i) Death penalty under Section 5(i)(m)/6(1) of Pocso Act;

(ii) Imprisonment for life as well as fine of Rs. 1,00,000/-under Section 302 IPC; Seven years R.I. as well as fine of Rs.50,000/-under Section 201 IPC, coupled with default sentence of additional one year.

2. As death penalty was awarded by the trial court, t