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2022 Supreme(All) 569

MANOJ MISRA, SAMEER JAIN
Virendra Baghel – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : From Jail
For the Respondent: A.G.A.

JUDGMENT :

Sameer Jain, J.

1. The appellant (Virendra Baghel) has been convicted under Section 302, 201, 363, 376AB IPC and 3(2)(V) SC/ST Act vide judgment and order dated 17.09.2021/18.09.2021 passed by Additional District and Sessions Judge/ Additional Special Judge, POCSO Act Court No.1, Firozabad in P.S.T. No. 1730 of 2019 (State of U.P. Vs. Virendra Baghel) and has been awarded following punishment:-

    (i) death penalty under Section 302 IPC and 376AB IPC read with Section 3(2)(V) SC/ST Act

(ii) 7 years R.I. with fine of Rs. 5,000/- and in default one month additional imprisonment under Section 201 IPC and 363 IPC

2. As for offences punishable under Section 302, 376 AB IPC, read with Section 3(2)(V) SC/ST Act, capital sentence has been awarded, the court below has sent a reference for confirmation of death penalty, which has been registered as Reference No. 12 of 2021..

3. The appellant has also submitted his appeal from jail against the aforesaid judgment and order, which has been forwarded by the Superintendent (Jail), Firozabad vide letter dated 23.09.2021. The same has been registered as Capital Case No. 15 of 2021. The appellant has prayed that the judgment and order of convictio

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