Om Prakash, J. - (1.) Aforesaid criminal (capital) appeal has been filed by accused appellants Jeetu Nat and Satish Nat against judgement and order dated 22.08.2017 passed by Additional Sessions Judge, Court No.1, Kannauj in Special Sessions Trial No.34 of 2014 (State Vs. Jeetu Nat and another) arising out of case crime no. 574 of 2014 under Sections 376, 377, 325, 307, 302, 201 IPC and Section 5/6 Protection of Children from Sexual Offences Act (hereinafter referred to as "POCSO Act"), Police Station Chhibramau, District Kannauj whereby accused appellants have been convicted and sentenced to death punishment for offence under Section 302 IPC and to pay a fine of Rs.50,000/- each; for offence under section 376 IPC to undergo imprisonment for life with a fine of Rs.25,000/- each; for offence under section 377 IPC to undergo ten years rigorous imprisonment with a fine of Rs.10,000/- each and in default of payment of fine, two years further imprisonment; for offence under section 325 IPC to undergo five years rigorous imprisonment with a fine of Rs.5000/- each and in default of payment of fine, one year further imprisonment; for offence under section 307 IPC to undergo imprisonment for life with a fine of Rs.10,000/- each and in default of payment of fine, two years further imprisonment; for offence under section 201 IPC to undergo five years rigorous imprisonment with a fine of Rs. 5000/- each and in default of payment of fine, one year further imprisonment and for offence under section 5/6 POCSO Act, accused-appellants have been convicted and sentenced to imprisonment for life with a fine of Rs.25,000/- each. All the sentences were directed to run concurrently.
(2.) Trial Court has also sent a reference under section 366 Cr.P.C. for confirmation of the death sentence, which is being disposed of along with aforesaid appeal.
(3.) Incident took place sometime after 12:00 Noon on 25.07.2014 and before 6:00 A.M. of 26.07.2014. First information report (hereinafter referred to as "F.I.R.") was lodged by Neelu (P.W.1), father of deceased, against unknown persons on 26.07.2014 at 7:15 A.M. at Police Station Chhibramau, District Kannauj. Deceased was aged about 8 years. She was daughter of complainant.;