STATE OF BIHAR Vs. MD. MAJOR

JUDGEMENT

(1.) This Death Reference u/s. 366 Cr.P.C. and the connected appeal of the convict reminds this Court the following oft-quoted observation of Lord Hewart made while quashing the conviction nearly 100 years ago:-

(2.) The present Death Reference and the connected Criminal Appeal arise out of judgment of conviction and order of sentence dtd. 25/1/2022 and 27/1/2022 respectively, passed by the learned Special Judge (POCSO), Araria, in Special POCSO Case No.1 of 2022, arising out of Araria Mahila Police Station Case No.137 of 2021. By this impugned judgment and order, the learned Trial Court has been pleased to convict the appellant of the offences punishable under Sec. 376AB of the Indian Penal Code, 1860, (IPC for the sake of brevity), under Sec. 4 of the Protection of Children from Sexual Offence Act, 2012, (POSCO Act for the sake of brevity) and under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989, (Prevention of Atrocities Act for the sake of brevity). By the impugned order of sentence, the appellant came to be sentenced to death penalty for committing the offence under Sec. 376AB of the IPC with a direction that he be hanged by neck till he is dead. For the offence punishable under Sec. 3(2)(v) of the Prevention of Atrocities Act, the accused is directed to suffer imprisonment for life apart from a direction to pay fine of rupees ten thousand. It seems that no separate sentence is awarded to the accused for the offence punishable under Sec. 4 of the POCSO Act, by the impugned order. The learned Trial Court has directed that substantive sentences shall run concurrently. For the sake of convenience, the appellant shall be referred to in their original capacity as an accused.

(3.) The facts leading to the prosecution of the accused projected from the police report can be summarized thus:-