Joymalya Bagchi, J. - (1.) The appeal and the death reference are taken up for hearing analogously and are being disposed of by this common judgment and order.
(2.) The appeal is directed against judgment and order dated 5.9.2016 and 6.9.2016 passed by Special Judge, 2nd Court, Suri, Birbhum, in Special Trial No.6(4)/16 arising out of Special Case No.76 of 2015, convicting the appellant under section 302 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and under section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') and sentencing him to death for the offence punishable under section 302 of I.P.C. and to suffer rigorous imprisonment for life and to pay a fine of Rs.50,000/-, in default to suffer further rigorous imprisonment for five years for the offence punishable under section 6 of the POCSO Act with a further direction to pay compensation to the tune of Rs.10,00,000/- to the mother of the deceased.
(3.) Prosecution case, as alleged, against the appellant is to the effect that on 11.12.2015 at around 05:00 p.m., P.W.1, mother of the victim, saw the appellant picking up the victim aged about five years, who was playing in the courtyard of the house, in his arms and leave the house. P.W.1 did not raise any protest as the appellant was the uncle of the victim. Later in the evening when the victim did not return, P.W.1 started searching for her. At 08:00 p.m. in the night the appellant returned home. P.W.1 along with her mother (P.W.4) and others enquired about the whereabouts of the victim from the appellant. Initially, he did not state anything. Thereafter, the appellant admitted that he had raped the victim and left her unconscious beside the drain of a rice mill. Hearing this, all of them rushed to the mill and found the victim lying naked in an unconscious state near the drain. She was taken to Sian Hospital and, thereafter, shifted to Burdwan Medical College and Hospital where the victim died on 13.12.2015 at 03.25 a.m. P.W.1 lodged written complaint with the police station resulting in registration of Bolpur P.S. Case No.459/15 dated 13.12.2015, under section 304 I.P.C. and under section 6 of POCSO Act against the appellant.;