STATE Vs. DANISH PATEL

JUDGEMENT

(1.) The reference in R.T.(MD) No.3 of 2021, is made by the learned Sessions Judge, (Mahila Court), Pudukkottai, under Sec. 366 Cr.P.C, seeking confirmation of capital punishment imposed on the accused. Crl.A.(MD)No.300 of 2021, is filed by the accused challenging the conviction and sentence imposed on him and both the matters are heard together and disposed of by this common Judgment.

(2.) Danish Patel, aged about 32 years (2019), S/o.Amrendra Patel, who is the sole accused in Spl S.C.No.6 of 2020, on the file of Mahila Court at Pudukkottai, was found guilty of offences under Ss. 363 and 302 of I.P.C. and Ss. 5(i) r/w 6(1), 5(j) (iv) r/w 6(1) and 5(k) r/w 6(1) of the Protection of Children from Sexual Offences Act [hereinafter referred to as "the POCSO Act"], vide judgement dtd. 18/2/2021 by the trial Court.

(3.) He was sentenced to undergo life imprisonment for the offence under Sec. 302 of I.P.C, 7 years rigorous imprisonment for the offence under Sec. 363 IPC and death sentence for the offences under Ss. 5(i) r/w 6(1), 5(k) r/w 6(1) and 5(j) (iv) r/w 6(1) of the POCSO Act, subject to confirmation by this Court in terms of Sec. 366 Cr.P.C. Accordingly, the Referred Trial(MD)No.3 of 2021 seeking confirmation of the death sentence is before us along with the appeal filed by the sole accused being aggrieved of the conviction and sentence.