MOHAMMAD RAFIQ, KAILASH CHANDRA SHARMA
State Of Rajasthan through Public Prosecutor – Appellant
Versus
Ved Prakash S/o Shiv Charan – Respondent
Mohammad Rafiq, J.
1. This reference has been received from the court of the Special Judge, POSCO, Jhunjhunu under Section 366 of the Code of Criminal Procedure, for confirmation of the death sentence awarded vide its judgment and order dated 10.08.2016 to the accused Ved Prakash S/o Shiv Charan, who has also separately filed appeal under Section 374 of the Code of Criminal Procedure through Superintendent, Central Jail, Jaipur against the same judgment challenging his conviction, for offence under Section 302 IPC and sentence of death, for offence under Section 366 IPC and sentence of rigorous imprisonment of seven years with a fine of Rs.1,000, in default whereof, to further undergo three months rigorous imprisonment, for offence under Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POSCO Act’) and sentence of life imprisonment with fine of Rs.10,000, in default whereof, to further undergo one year’s rigorous imprisonment, for offence u/s.201 IPC and sentence of seven years with a fine of Rs.1,000, in default whereof, to further undergo three months rigorous imprisonment.
2. Facts giving rise to the appeal are that one Ramavtar S/
Bachan Singh Vs. State of Punjab – (1980) 2 SCC 684
Devender Pal Singh v. State of NCT of Delhi – (2002) 5 SCC 234
Machchi Singh vs. State of Punjab-AIR 1983 SC 957
Machhi Singh v. State of Punjab – (1983) 3 SCC 470
Neel Kumar @ Anil Kumar vs. State of Haryana-(2012) 5 SCC 766
Ramraj Vs. State of Chhattisgarh – (2010) 1 SCC 573
Rameshbhai Chandubhai Rathod (2) Vs. State of Gujarat – (2011) 2 SCC 764
Rameshbhai Chandubhai Rathod Vs. State of Gujarat – (2009) 5 SCC 740
Rahim Beg Vs. State of U.P. - AIR 1973 SC 343
Rajeev Singh Vs State of Bihar-(2015) 16 SCC 369
Swamy Shraddananda Vs. State of Karnataka – AIR 2008 SC 3040
State of H.P. Vs. Gian Chand – (2001) 6 SCC 71
Sk. Yusuf Vs State of West Bengal-AIR 2011 SC 2283
Sharad Birdhichand Sarda Vs State of Maharashtra-AIR 1984 SC 1622
Shyamlal Saha & Anr Vs State of West Bengal-(2014) 12 SCC 321
Shri Bhagwan v. State of Rajasthan–AIR 2001 SC 2342
Tdiga Annamma Vs. State of Andhra Pradesh – (1974) 4 SCC 443
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