(1.) Heard Mr. A.M. Bora, learned Senior counsel appointed as an amicus curiae in theDeath Sentence Reference No.2 of 2019, assisted by Mr. V.A. Chowdhury, learned counsel andMr. Z. Alam, learned counsel for the appellant in Criminal Appeal (J) 15/2019, which havebeen heard together. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.
(2.) Since the appellant has been sentenced to death by the impugned judgment and order dtd. 29/3/2019 passed by the learned Special Judge, Bilasipara in Special POCSO Case No.4/2018 under Ss. 376-AB/302/201 of Indian Penal Code, 1860 [in short, IPC] read with Sec. 6 of the POCSO Act, 2012 as required under Sec. 366 of Code of Criminal Procedure,1973 [in short, Cr.P.C.], the matter has been placed before this Court. We also have noticed that the appellant also preferred an appeal being Criminal Appeal (J) 15/2019. Accordingly, we have decided to hear the death reference and the appeal jointly.
(3.) The principal plea taken by the appellant is that the conviction is based on circumstantial evidences and since the circumstantial evidences have not been proved beyond reasonable doubt, the appellant would be entitled to be acquitted. Under the circumstances, the question of awarding death penalty does not arise. Otherwise also, it has been submitted that the nature of the crime alleged and nature of evidence disclosed does not warrant death penalty.