CHANDAN Vs. STATE OF U. P.

JUDGEMENT

(1.) By the impugned judgment and order dtd. 18/1/2021 /20/1/2021 passed by Special Judge (Pocso Act)/ Additional District and Sessions Judge, Ghaziabad in Case No.313 of 2020, arising out of Case Crime No.1470 of 2020, P.S. Kavi Nagar, District Ghaziabad, the appellant has been convicted under Ss. 302, 376-A, 376-AB, 201 IPC and Sec. 5(i)(M)/6(1) of Protection of Children from Sexual Offences Act (Pocso Act) and as the offences punishable under Ss. 376-A, 376-AB IPC and Sec. 5(i)(m)/ 6(1) of Pocso Act were offences of the same nature, upon noticing that the sentence under Sec. 5(i)(m)/ 6(1) of the Pocso Act is greater, in light of the provisions of Sec. 42 of the Pocso Act, the appellant has been punished as follows:- (i) Death penalty under Sec. 5(i)(m)/6(1) of Pocso Act; (ii) Imprison ment for life as well as fine of Rs.1,00,000.00 under Sec. 302 IPC; Seven years R.I. as well as fine of Rs.50,000.00 under Sec. 201 IPC, coupled with default sentence of additional one year.

(2.) As death penalty was awarded by the trial court, the trial court submitted a reference under Sec. 366 of the Code of Criminal Procedure, 1973 for confirmation of death penalty, which has been registered as Reference No.3 of 2021.

(3.) The convicted accused requested the Jail Authorities to forward his appeal against the order of conviction and sentence, as a result whereof, the Jail Superintendent, District Jail, Ghaziabad has forwarded the appeal of the appellant vide letter dtd. 25/1/2021 giving rise to Capital Cases No.4 of 2021.