PRABHAT CHANDRA TRIPATHI, J. - (1.) We have heard Sri Rahul Mishra, learned Amicus Curiae for the appellant and Sri Rajeev Gupta, learned A.G.A. for the State of U.P.-respondent.
(2.) This case has come-up before this Court on two counts:- "Firstly, under Chapter XXVIII Submission of Death Sentences for Confirmation, under Section 366 Cr.P.C., 1973 Sentence of death to be submitted by Court of Session for confirmation [Chapter IX Rule 64 General Rules (Criminal)] and secondly, as a Criminal Appeal."
(3.) This criminal appeal has been preferred by the accused person-appellant Pappu against the impugned judgement and order of the then learned Additional Sessions Judge, Court Number No. 2, Kushinagar At Padrauna dated 8.12.2016 in Sessions Trial No. 414 of 2015, arising out of Case Crime No. 840 of 2015, under Sections 376, 302, 201 I.P.C. and Section 3/4 The Protection of Children From Sexual Offences Act, 2012, Police Station Kasya, District Kushinagar, whereby the accused person-appellant Pappu has been convicted under Section 302 I.P.C. and has been punished with death penalty and a fine of Rs. 20,000/- (Rupees Twenty Thousand) only has also been imposed. In case of default of payment of fine, the accused has been sentenced to undergo an additional sentence of simple imprisonment of five years and accused person-appellant Pappu has been convicted under Section 376 I.P.C. and has been awarded sentence of ten years Rigorous Imprisonment and a fine of Rs. 10,000/- (Rupees Ten Thousand) only. In case of default of payment of fine, the accused has to undergo an additional sentence of simple imprisonment of two years, accused person-appellant Pappu has been convicted under Section 201 I.P.C. and has been awarded a sentence of Rigorous Imprisonment for seven years and also a fine of Rs. 5000/- (Rupees Five Thousand) only. In case of default of payment of fine, the accused person-appellant Pappu has been awarded an additional sentence of one year simple imprisonment and also convicted the accused person-appellant Pappu under Section 5/6 The Protection of Children From Sexual Offences Act, 2012 and has been awarded a sentence of ten years Rigorous Imprisonment and a fine of Rs. 10,000/- (Rupees Ten Thousand) only. In case of default of payment of fine, the accused person-appellant Pappu will undergo an additional sentence of two year of simple imprisonment.;