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2021 Supreme(All) 896

MANOJ MISRA, SAMEER JAIN
Bal Govind Alias Govinda – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : From Jail, Vinayak Mithal.
For the Respondent: A.G.A.

JUDGMENT :

Manoj Misra, J.

1. The appellant – Bal Govind alias Govinda was tried in Special Sessions Trial No. 198 of 2020 and by the order of Special Judge, Pocso Act /Additional District & Sessions Judge, Jaunpur dated 06.03.2021 has been convicted under Sections 302, 376 AB, 201, 363 of the Indian Penal Code (for short IPC) and under Section 5/6 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) and, by order dated 08.03.2021, awarded punishment as follows:

(i) Death sentence for offence punishable under Section 302 I.P.C;

(ii) Death sentence for offence punishable under Section 5/6 Pocso Act (as amended by Act No.25 of 2019);

(iii) Seven years R.I. and Rs. 5,000/- fine for offence punishable under Section 363 I.P.C. with a default sentence of one year;

(iv) Seven years R.I. and Rs. 5,000/- fine for offence punishable under Section 201 I.P.C. with a default sentence of one year.

All sentences to run concurrently.

2. As death sentence was awarded, a reference (i.e. Reference No.4 of 2021) was made to the High Court under Section 366 Cr.P.C. for confirmation of death penalty. The appellant, who is in jail, expressing his inability to engage a counsel of his cho

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