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PANKAJ BHANDARI, ANIL KUMAR UPMAN
State of Rajasthan, Through PP – Appellant
Versus
Sundar @ Surendra @ Santu – Respondent
JUDGMENT
Anil Kumar Upman, J. - This reference has been received from the Court of Special Judge, POCSO Act, 2012 & Commission for Child Rights Protection Act, 2005, No.1, Ajmer (for short, "the trial court") under Section 366 of the Code of Criminal Procedure (for brevity, "Cr.P.C.") for confirmation of the death sentence awarded to the accused Sundar @ Surendra @ Santu vide its judgment and order dated 26.10.2021 passed in Sessions Case No.58/2021 arising out of FIR No.128/2021 registered at the Police Station Pushkar, District Ajmer. Separate appeal (No.185/2021) has also been filed by the accused Sundar @ Surendra @ Santu challenging his conviction and sentence against the very same judgment.
2. The accused-appellant had faced trial in Sessions Case No.58/2021 and vide the aforesaid judgment and order dated 26.10.2021, he has been convicted and sentenced as below:-
| Offence | Sentences and fine awarded |
| Section 376 (A) IPC and Section 5(j) (iv)/6 of POCSO Act | Death penalty, subject to confirmation of the High Court |
| Section 376 (3) IPC | Life imprisonment which sh |
The court upheld the conviction based on circumstantial evidence and mitigated the death penalty to life imprisonment considering the age of the accused, the fact that he is a father of a girl child,....
The court ruled that the death penalty is not warranted in this case, emphasizing the need for a balance between aggravating and mitigating circumstances, ultimately commuting the sentence to 30 year....
The imposition of the death penalty requires the statutory provision of special reasons, and a balancing of aggravating and mitigating circumstances must be conducted.
Criminal Law - Reliability of witnesses as to "last seen" - All circumstances and all evidences are pointing out towards one fact and all, which is the guilt of the accused. Court take no notice of f....
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
(1) Constitutional guarantees of equality before law, protection of life and personal liberty, protection in respect of conviction, and protection against arrest and detention, do not expand into a c....
The court ruled that corroborative evidence is essential in murder cases, especially when convicting based on eyewitness testimony.
:MURDER OF GIRL - sentenced to death set aside - just one act of murder, albeit heinous murder of a girl child, assigned to the accused/appellant on which he is presently in appeal – Hence notin cate....
The court upheld the conviction for kidnapping, gang rape, and murder but commuted the death penalty to life imprisonment due to lack of exceptional circumstances.
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