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2024 Supreme(SC) 55

BELA M. TRIVEDI, PANKAJ MITHAL
Deepak @ Nanhu Kirar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A. Sirajudeen, Naresh Kumar.
For the Respondents: Mrinal Gopal Elker, Aarushi Singh, Abhijeet Pandove.

ORDER :

1. Leave granted.

2. Notice was issued on 23-07-2021 limited to the question of quantum of sentence.

3. The appellant was convicted for the offences punishable under Sections 363, 366, 201, 376 AB, 302 of the Indian Penal Code (IPC), Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) by the Trial Court, and was sentenced to capital punishment for the offence punishable under Section 302 of IPC amongst other sentences.

4. The High Court of Madhya Pradesh, Principal Seat at Jabalpur vide impugned Judgment dated 20-02-2020 partly allowed the appeal preferred by the appellant, while confirming the conviction and the punishments imposed for the other offences, modified the sentence of death penalty for the offence under Section 302 to the life imprisonment for the actual period of 35 years (without remission).

5. After having heard learned counsels for the parties at length, carefully perusing the material placed on record and considering the relevant provisions of the IPC and POCSO Act, we are of the considered opinion that the interest of justice would be met if the sentence of the appellant is reduced to 25 years (without remissio

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