(1.) This judgment shall govern the disposal of Criminal Reference Case No. 05/2020 as well as Criminal Appeal No. 4965/2020, as both arise out of judgment dtd. 16/9/2020 passed by Fifth Additional Sessions Judge & Special Judge (Protection of Children from Sexual Offences Act, 2012), Gwalior (MP) in Special Sessions Trial No. 122/2017.
(2.) As per Criminal Reference Case No. 05/2020, Fifth Additional Sessions Judge and Special Judge (Protection of Children from Sexual Offences Act, 2012), Gwalior (MP) vide judgment dtd. 16/9/2020 in Special Sessions Trial No. 122/2017, having found the accused guilty under Ss. 363, 377, 302, 201 (Part-1) of IPC and under Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'), has inflicted penalty of death sentence and has submitted the matter for confirmation under Sec. 366 of Cr.P.C.
(3.) Criminal Appeal No. 4965/2020 has been filed by the accused from jail against the aforesaid judgment, whereby he has been convicted and sentenced as under:-
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