LAWS(ALL)-2020-5-12

MOUNI Vs. STATE OF U.P.

Decided On May 14, 2020
Mouni Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Saghir Ahmad, Senior Advocate/Amicus Curiae for the appellant and Sri Ajit Ray, learned AGA for the respondents.

(2.) This appeal has been filed by the appellant Mouni against the impugned judgment dated 19.09.2019, passed in Special Sessions Trial No. 624 of 2018, by Special Judge (POCSO Act)/Additional Sessions Judge, Court No. 9, Agra, arising out of Case Crime No. 605 of 2017, under Sections 363, 302, 201, 376(f) IPC and Section 5(n) read with Section 5(m)/6 of the POCSO Act, Police Station Etmadpur, District Agra by which the learned trial court had convicted the appellant Mouni for the offence under Section 302 IPC and awarded death sentence along with fine of Rs. 1 Lakh and in default of fine one year additional imprisonment, under Section 376(f) IPC for life imprisonment along with fine of Rs. 50,000/- and in default of fine six months additional imprisonment, under Section 363 IPC for seven years imprisonment along with fine of Rs. 25,000/- and in default of fine three months additional imprisonment, under Section 201 IPC for three years imprisonment along with fine of Rs. 10,000/- and in default of fine two months additional imprisonment and for the offences under Section 5(n) read with Section 5(m)/6 of the POCSO Act for 14 years rigorous imprisonment along with fine of Rs. 50,000/- and in default of fine six months additional imprisonment.

(3.) The Special Judge after convicting and sentencing the appellant for death sentence has submitted the record to this Court for confirmation of death sentence under Section 366 CrPC, which has been registered as Reference No. 6 of 2019.