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2022 Supreme(All) 570

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


Advocates:
Advocate Appeared:
For the Appellant : From Jail, Arun K. Singh Deshwal
For the Respondent: A.G.A.

JUDGMENT :

Sameer Jain, J.

1. Harendra (the appellant) was convicted under Sections 302, 201, 376-AB IPC and Section 5(m)/6 of Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) vide judgment and order dated 14.7.2021 and 15.7.2021 passed by Special Judge (POCSO Act), Bulandshahar in Sessions Trial No. 625 of 2021 and has been awarded following punishment :

    1. Under Section 302 IPC, death penalty with a fine of Rs. One lacs and in default additional one year simple imprisonment;

2. Under Section 201 IPC, seven years R.I. with a fine of Rs. Twenty Thousand, and in default four months simple imprisonment; and

3. Under Section 5(m)/6 of POCSO Act read with Section 376 AB IPC, death penalty.

All sentences to run concurrently.

2. As the trial court awarded death penalty to the appellant (Harendra) under Sections 302 IPC and Section 5(m)/6 of POCSO Act read with Section 376 AB IPC, it has sent a reference for confirmation of death penalty, which has been registered as Reference No.9 of 2021.

3. Against the aforesaid judgment and order, the appellant has submitted his appeal from Jail, which has been forwarded by the Superintendent of Jail, Bulandshahar vide letter dated

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