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2021 Supreme(MP) 515

VIVEK RUSIA, SHAILENDRA SHUKLA
State of M. P. – Appellant
Versus
Irfan Mevati – Respondent


Advocates:
Pushyamitra Bhargava, Additional Advocate General for appellant/State; Amit Dube with Noor Ahmad Sheikh and Z.A. Khan with R.R. Bhatnagar for respective respondents.

JUDGMENT

Shukla, J. -- 1. The present reference has been made for confirmation of order of capital punishment of death awarded which is arising out of judgment dated 21.8.2018, pronounced in S.T.No.88/2018, passed by the 2nd A.S.J. Mandsaur / Special Judge (POCSO) Act whereby, the appellants/accused have been convicted under sections 363, 366A, 376(2)(m), 376(DB) of IPC and as per Criminal Law (Amendment) Ordinance, 2018, 307 of IPC, (appellant Asif has been convicted and section 307 read with section 34 of IPC), as also under section 5(g) (r) read with section 6 of POCSO Act, 2012. The over all penal provisions under which the appellants have been convicted and sentenced is tabulated as under :-

Conviction 

Sentence

Sections & Act

Imprisonment

Fine Amount

Imprisonment in lieu of fine

363 of IPC

7

Rs.10,000/-

6 months

366(A)

7

Rs.10,000/-

6 months

307 of IPC (in respect of appellant Irfan)

L.I.

Rs.10,000/-

6 months

307/34 of IPC in respect of appellant Asif.

L.I.

Rs.10,000/-

6 months

376(DB) of IPC Criminal Law (Amen

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