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2020 Supreme(MP) 250

S. C. SHARMA, SHAILENDRA SHUKLA
State Of M. P. : Honey @ Kakku – Appellant
Versus
Honey @ Kakku : State Of M. P. – Respondent


Advocates Appeared:
Shri Shri R.S. Chhabra, Learned Addl. Advocate General with Shri L.S. Chandiramani, Learned Public Prosecutor, for the Appellant/State; Shri Avinash Sirpurkar, learned Senior Advocate with Shri B. Patel, Advocate, for the Respondent in Honey @ Kakku

Table of Content
1. conviction details of appellant (Para 1 , 2)
2. appellant's plea and arguments against conviction (Para 3 , 4)
3. questions for consideration in appeal (Para 5 , 6)
4. evidence regarding age of deceased (Para 7 , 8 , 9 , 10)
5. appellant's involvement in the crime (Para 11 , 12)
6. identification of the deceased (Para 18 , 20)
7. recovery of incriminating evidence (Para 22 , 28 , 30)
8. dna evidence linking appellant to crime (Para 38 , 46 , 48)
9. application of legal precedents in sentencing (Para 50 , 52 , 54 , 56)
10. final sentencing considerations and judgement summary (Para 64 , 79 , 80 , 81)

JUDGMENT

Shailendra Shukla, J. - The present reference and appeal arise out of judgment dated 30.9.2019, pronounced in Special Case No. 2147/2018 by the 15th A.S.J. and Special Judge, Indore whereby, appellant Honey @ Kakku has been convicted for the offence punishable under Sections 363 , 366, 376AB, 302, 201, 376A of IPC and under Section 5 (n) read with Section 6 of POCSO Act. The accused has not been sentenced separately under Section 5 (n) read with Section 6 of POCSO Act, in view of Section 42 of POCSO Act which provides for sentencing under the provisions of IPC, if such

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