NAJEEM MIYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This death reference was made to this Court under Section 366 of the Criminal Procedure Code, 1973 (in short 'Cr PC') for confirmation of sentence awarded to the appellant. The capital case and the death reference are heard together and this judgment will govern both the capital case as well as the reference.

(2.) A large number of cases in recent times coming before the Courts of law involving rape and murder of young boys/girls, is a matter of concern. In the instant case, boy was about six years of age, who was the victim of sexual assault and animal lust of the accused appellant, he was not only sexually assaulted but was murdered by the accused appellant.

(3.) This death reference and the capital case arise out of the judgment and order dated 10.4.2018 passed by the Court of Additional Sessions Judge/Court No.1, Pilibhit in Special Sessions Trial No.51/2017 in which, accused/appellant herein was tried, found guilty, convicted and sentenced to undergo death sentence and to pay a fine of Rs.25,000/- for the offence punishable under Section 302 of IPC, to undergo rigorous imprisonment of ten years and to pay a fine of Rs.10,000/- for the offence punishable under Section 377/511 of IPC and to undergo life imprisonment and a fine of Rs.10,000/- for the offence punishable under Section 3/4 of POCSO Act. In default of payment of fine, he shall undergo two years' rigorous imprisonment; one year's rigorous imprisonment and one year's rigorous imprisonment under Sections 302, 377/511 of IPC and Section 3/4 of POCSO Act respectively.