JUDGMENT :

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

1. Reference No. 14 of 2021 has been made by the Court of Additional Sessions Judge/Special Judge (POCSO Act), Bulandshahr for confirmation of capital punishment awarded to appellant Prem Singh Prajapati in Sessions Case No. 1021 of 2020. The Jail Appeal being Capital Case No.17 of 2021 has been filed by the appellant challenging the judgment of conviction dated 9.11.2021 holding the appellant guilty of offence under Section 302, 201, 363, 376 AB of IPC and Section 5M/6 of POCSO Act and the order of sentence dated 10.11.2021, vide which the appellant was awarded death sentence to be hanged till death.

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 counsel for the appellant, Sri Bibhuti Narayan Singh, learned counsel for the informant and learned A.G.A. for the State.

4. With the assistance of learned counsel for the parties, the entire evidence is re-scrutinized and re-appreciated.

5. Facts of the case are that informant-Shivam Sharma (PW-1) s/o of Arun Sharma, resident of Village Harnot, Police Station – Shikarpur gave a written complain