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