JUDGMENT :

(Per Hon'ble Arvind Singh Sangwan, J.)

1. Reference No. 06 of 2023 has been made by the Court of Special Judge (POCSO Act), Auraiya for confirmation of capital punishment awarded to appellant Prem Naresh in Special Sessions Trial No. 1276 of 2021. The Jail Appeal being Capital Case No.7 of 2023 has been filed by the appellant challenging the judgment of conviction dated 09.02.2023 holding the appellant guilty of offence under Section 376 AB of IPC and Section 5 /6 of POCSO Act and the order of sentence dated 14.02.2023, vide which the appellant was awarded death sentence to be hanged till death with fine of Rs.5,00,000/-(five lacs). In the even of non payment of fine, additional rigorous imprisonment for one year. It is directed that 50% of the payment of fine will be payable to the victim.

2. The Reference and Appeal were admitted. The Trial Court’s record is received and paper books are ready.

3. Heard Sri Rajiv Lochan Shukla, learned Amicus Curiae assisted by Sri Sarvesh Kumar Dubey, Advocate for the appellant, Sri Saurabh Pathak, learned counsel for victim/informant and Sri Patanjali Mishra, learned A.G.A. for the State.

4. With the assistance of learned counsel for the p