STATE OF RAJASTHAN Vs. SUNDAR

JUDGEMENT

(1.) This reference has been received from the Court of Special Judge, POCSO Act, 2012 & Commission for Child Rights Protection Act, 2005, No.1, Ajmer (for short, "the trial court") under Sec. 366 of the Code of Criminal Procedure (for brevity, "Cr.P.C.") for confirmation of the death sentence awarded to the accused Sundar @ Surendra @ Santu vide its judgment and order dtd. 26/10/2021 passed in Sessions Case No.58/2021 arising out of FIR No.128/2021 registered at the Police Station Pushkar, District Ajmer. Separate appeal (No.185/2021) has also been filed by the accused Sundar @ Surendra @ Santu challenging his conviction and sentence against the very same judgment.

(2.) The accused-appellant had faced trial in Sessions Case No.58/2021 and vide the aforesaid judgment and order dtd. 26/10/2021, he has been convicted and sentenced as below:- <IMG>JUDGEMENT_166_LAWS(RAJ)3_2023_1.jpg</IMG>

(3.) Brief facts relevant and essential for disposal of the instant death reference as well as the appeal preferred by the accused appellant are noted hereinbelow:-