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2022 Supreme(Pat) 265

ASHWANI KUMAR SINGH, HARISH KUMAR
State of Bihar – Appellant
Versus
Balram Singh @ Baliram Singh @ Munna, Son of Late Shyam Narayan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Xxxxx
For the Respondent: Mr. Ajay Kumar Thakur, Ms. Anukriti Jaipuriar, Amicus Curiae

JUDGMENT :

HARISH KUMAR, J.

Heard Mr. Krishna Prasad Singh, learned senior counsel appearing on behalf of the Appellant in Cr. Appeal (DB) No. 591 of 2021, as also Mr. Ajay Kumar Thakur and Ms. Anukriti Jaipuriar, learned counsel, appointed as Amicus Curiae to assist the Court in Death Reference No. 08 of 2021 and Mr. Dr. Mayanand Jha, learned APP for the State.

2. The present death reference and the connected Cr. Appeal arise out of the judgment of conviction and order of sentence dated 26.07.2021 and 30.07.2021 passed by learned Additional District & Sessions Judge-VII, Exclusive Special Court (POCSO), Rohtas at Sasaram in POCSO Case No. 68 of 2020, arising out of Dalmianagar (Dehri) P.S. Case No. 888 of 2020 whereby and whereunder the appellant has been convicted under Sections 302, 201, 376-AB of the Indian Penal Code and Sections 5/6 of the POCSO Act, 2012 and sentenced to death to be hanged by neck till his last breath subject to confirmation of sentence by the High Court and also awarded fine of Rs.50,000/-under Section 302 of the Indian Penal Code. In case of default of payment of fine, the convict-appellant shall serve simple imprisonment for one year. The convict-appellant i

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