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ARVIND SINGH SANGWAN, MOHD. AZHAR HUSAIN IDRISI
Prem Naresh – Appellant
Versus
State of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. case involves alleged sexual assault leading to a capital punishment appeal. (Para 1 , 5 , 6 , 8 , 13) |
| 2. court's summary of the trial and evidence presentation. (Para 2 , 3 , 4 , 30) |
| 3. court evaluates evidence and credibility of witnesses. (Para 22 , 31) |
| 4. defense argues inconsistencies and lack of independent witnesses. (Para 23 , 24 , 25 , 26 , 27) |
| 5. court affirms the lower court finding but modifies sentencing. (Para 32) |
| 6. court emphasizes the importance of assessing mitigating factors in sentencing. (Para 35) |
| 7. modification of death sentence to life imprisonment. (Para 38 , 39 , 40) |
JUDGMENT :
(Per Hon'ble Arvind Singh Sangwan, J.)
1. Reference No. 06 of 2023 has been made by the Court of Special Judge (POCSO Act), Auraiya for confirmation of capital punishment awarded to appellant Prem Naresh in Special Sessions Trial No. 1276 of 2021. The Jail Appeal being Capital Case No.7 of 2023 has been filed by the appellant challenging the judgment of conviction dated 09.02.2023 holding the appellant guilty of offence under Section 376 AB of IPC and Section 5 /6 of POCSO Act and the order of sentence dated 14.02.2023, vide which the appellant was awarded death sentence t
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