STATE OF U.P. Vs. PREMCHANDRA

JUDGEMENT

(1.) The instant Capital Case No. 4 of 2021 arises out of the reference made by the trial Court/Special Judge (POCSO Act)/Additional Sessions Judge, Lucknow under Sec. 366 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') to this Court for confirmation of the death sentence of convict Premchandra alias Pappu Dixit (here-in-after referred as convict/appellant) awarded by means of judgment and order dtd. 30/9/2021 in Sessions Trial No. 399 of 2020 (C.N.R. No. UPLK01-003380 2020): State Vs. Premchandra alias Pappu Dixit, arising out of Case Crime No. 164 of 2020, under Ss. 376 (Ka) (Kha), 364, 302 of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Sec. 6 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act, 2012'), Police Station Madiyaon, District Lucknow.

(2.) Criminal Appeal No. 1626 of 2021 has been preferred by convict Premchandra alias Pappu Dixit against the aforesaid judgment and order dtd. 30/9/2021. Jail Appeal No. 1579 of 2021 was also preferred on behalf of convict Premchandra alias Pappu Dixit against the aforesaid judgment and order, which has been consigned to record with liberty to the convict/appellant Premchandra alias Pappu Dixit to pursue his Criminal Appeal No. 1626 of 2021 through his Counsel Shri Rajesh Kumar Dwivedi by means of order dtd. 14/3/2022 passed by a Co-ordinate Bench of this Court.

(3.) Sec. 366(1) of the Code of Criminal Procedure, 1973 provides that when the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. Sec. 368 of the Criminal Procedure Code, 1973 provides power of High Court to confirm sentence or annul conviction. Proviso to Sec. 368 of the Code of Criminal Procedure, 1973 provides that no order of confirmation shall be made under this Sec. until the period allowed for preferring an appeal has expired, or, if an an appeal is presented within such period, until such appeal is disposed of. In the present case, an appeal has been filed by the convict/appellant also, therefore, the said appeal is to be disposed of before taking decision on reference made by learned trial Court. Thus, both Capital Case No. 4 of 2021 and Criminal Appeal No. 1626 of 2021 arising out of one and the same judgment and order dtd. 30/9/2021 have been clubbed and are being decided together by means of this common judgment and order.