STATE OF ODISHA Vs. SHRINIBASH @ ANAMA DEHURY

JUDGEMENT

(1.) The death reference under Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for brevity) was taken up for hearing on different dates. The death reference was submitted by the learned Additional Sessions Judge- cum-Special Judge (P), Angul in Special (POCSO) Case No.08 of 2019 arising out of Angul P.S. Case No.52 dated 20.01.2019 under Sections 302, 376(3) and 201 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the Act" for brevity). The reference made by the learned Additional Sessions Judge-cum-Special Judge (P), Angul has been registered as DSREF No.1 of 2019 and the criminal appeal preferred by the appellant by engaging private counsel has been registered as CRLA No.595 of 2019. A separate jail criminal appeal has been preferred bearing JCRLA No.54 of 2019.

(2.) Learned Additional Sessions Judge-cum-Special Judge (P), Angul as per the judgment dated 26.07.2019 passed in Special (POCSO) Case No.08 of 2019 convicted the appellant, namely, Shrinibash @ Anama Dehury under Sections 302, 376(3) and 201 of the Penal Code read with Section 6 of the Act. He proceeded to sentence the convict/ appellant with capital punishment for the offence under Section 302 of the Penal Code; and to undergo rigorous imprisonment for life i.e. the remaining period of the natural life and to pay a fine of Rs.10,000/- (rupees ten thousand), and in default to suffer further rigorous imprisonment for one year for the offence under Section 376 (3) of the Penal Code; and to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- (rupees five thousand), and in default to undergo further rigorous imprisonment for six months for the offence under Section 201 of the I.P.C.; and also to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand), and in default to suffer further rigorous imprisonment for one year for the offence under Section 6 of the Act. Learned Additional Sessions Judge-cum-Special Judge (P), Angul, further directed the sentences of substantive imprisonment to run concurrently and submitted the records to this Court under Section 366 of the Code.

(3.) Bereft of unnecessary details, the prosecution case is as follows: