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2019 Supreme(SC) 272

Sachin Kumar Singhraha – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellant : Mr. Mrigendra Singh, Sr. Adv. Ms. Sujeeta Srivastava, AOR Mr. Mohendra Singh, Adv.,
For the Respondent: Mrs. Swarupama Chaturvedi, AOR

JUDGMENT

Mohan M. Shantanagoudar, J.

Leave granted.

2. The First Additional Sessions Judge, Maihar, District Satna, Madhya Pradesh in Special Sessions Trial No. 41 of 2015 vide judgment dated 06.08.2015 convicted the accused/appellant for the offences punishable under Sections 363, 376(A), 302 and 201(II) of the Indian Penal Code (in short "the IPC") and Section 5(i)(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short "the POCSO Act") and sentenced him to death.

3. The judgment of the Trial Court was confirmed by the High Court of Madhya Pradesh at Jabalpur vide its judgment and order dated 03.03.2016 in Criminal Reference No. 5 of 2015 and in Criminal Appeal No. 2203 of 2015, except in respect of the offence under Section 363 IPC which means the accused was acquitted under Section 363 IPC by the High Court.

These appeals are presented by the convicted accused.

4. The case of the prosecution in brief is that on 23.02.2015, PW4 (the elder brother of the victim's father) came over from his village to drop the victim child to school in a vehicle bearing Registration No. MP 19 T 2374, owned and driven by the accused/appellant. PW4, on the assurance o































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