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2022 Supreme(Pat) 12

ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
State of Bihar – Appellant
Versus
Ram Lal Mahto, son of Ram Bharos Mahto – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Subodh Prasad, Advocate
For the Respondent:Mr. Kumar Kaushik, Amicus Curiae, Mr. Kapil Deo Singh Advocate, Ms. Shashi Bala Verma, APP.

JUDGMENT :

ASHWANI KUMAR SINGH, J.

The sole appellant has been held guilty in Tr. No.154 of 2020, R.G. No.535 of 2018 arising out of Dalsingsarai P.S. Case No.150 of 2018 by the learned Additional Sessions Judge-6th-cum-Special Court (POCSO) (for the sake of convenience hereinafter referred to as ‘Trial Court’) for the offences punishable under Sections 302, 376-A(2) of the Indian Penal Code (for short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’) vide judgment dated 16.12.2020.

2. Consequently, the Trial Court has awarded a composite sentence of death for all the three offences under which he has been convicted. The death sentence awarded by the Trial Court is subject to confirmation by the High Court.

3. The reference made by the Trial Court under Section 366 of the Code of Criminal Procedure (for short ‘CrPC’) has been registered as Death Reference No.1 of 2021.

4. The appellant has separately challenged his conviction and sentence imposed by the Trial Court vide Criminal Appeal (DB) No.140 of 2021.

5. The appeal and the refere

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