(1.) As the captioned Criminal Confirmation Case as well as the Criminal Appeal arise from a self-same judgment and order of conviction and sentence passed by the Special and Additional Sessions Judge, Bharuch, dated 26th April 2018, those were heard analogously and are being disposed of by this common judgment and order.
(2.) The Criminal Appeal No.1207 of 2018 is at the instance of a convict-accused of the offence of murder and sodomy and is directed against the judgment and order of conviction and sentence passed by the Special and Additional Sessions Judge dated 26th April 2018 in the Special (POCSO) Case No.31 of 2016. The Special Judge found the appellant herein guilty of the offences punishable under Sections 302, 364 and 377 of the Indian Penal Code and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'the POCSO').
(3.) The trial court imposed death penalty for the offence punishable under Section 302 of the Indian Penal Code. For the offence punishable under Section 364 of the Indian Penal Code, the trial court imposed sentence of ten years' simple imprisonment with fine of Rs.10,000=00, and in default of payment of the amount of fine, to undergo further simple imprisonment for a period of one year. For the offence punishable under Section 6 of the POCSO, the appellant has been sentenced to undergo life imprisonment with fine of Rs.10,000=00, and in default of payment of the amount of fine, to undergo further simple imprisonment for a period of one year. The trial court, having regard to the fact that the appellant has been sentenced to undergo life imprisonment for the offence punishable under Section 6 of the POCSO, did not pass any separate order of sentence so far as Section 4 of the POCSO and Section 377 of the Indian Penal Code is concerned. I. CASE OF THE PROSECUTION :