IN REFERENCE Vs. RAJENDRA ADIVASHI

JUDGEMENT

(1.) By this common judgment we propose to dispose of the Criminal Reference No.09/2015 as well as Cr.A. No.3191/2015. This death reference and the criminal appeal have arisen out of the judgment and sentence awarded by the Additional Sessions Judge, Raheli, District Sagar in S.T. No.507/2013 decided on 27/10/2015, whereby learned Additional Sessions Judge has convicted appellant Rajendra Adivashi (hereinafter called the "appellant") in respect of offences punishable under Sections 376(2)(h) and 302 of the IPC and sentenced to imprisonment for life with a fine of Rs.5,000/- and imposed death sentence with fine of Rs.5,000/- respectively with default stipulation

(2.) The learned Additional Session Judge has made this death reference under Section 363 of the Code of Criminal Procedure, 1973 (for brevity the Code), to this Court for confirmation, whereas the appellant has challenged the judgment of conviction and order of death sentence by filing this criminal appeal.

(3.) In the present case, a minor girl of seven years old gone to the school on 20/09/2015 (sic:2005) not knowing that it was her last visit and final journey from this planet.