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2023 Supreme(MP) 281

SUJOY PAUL, ACHAL KUMAR PALIWAL
In Reference: Received from Special Judge (Protection of Children from Sexual Offences Act, 2012), Burhanpur (M. P. ) – Appellant
Versus
Vijay @ Pintiya – Respondent


Advocates appeared:
Ajay Gupta with Rajeev Mishra as amicus curiae; Laxmi Narayan Sakle for respondent; Ajay Shukla, Government Advocate for State.

JUDGMENT

1. This Criminal Appeal filed under section 374(2) of Code of Criminal Procedure, 1973 and the Criminal Reference assail the judgment dated 8.3.2019 passed by Special Judge (Protection of Children from Sexual Offences Act, 2012), Burhanpur in Special Sessions Case No.30/2018 whereby the appellant was held guilty for committing certain offences and directed to undergo sentences which are mentioned in tabular form as under:-

S. No.

Conviction under Sections

Sentenced to undergo

1.

363 of the I.P.C.

R.I. for seven years and fine of Rs. 2000/- in default to suffer R.I. for 3 years.

2.

366 of the I.P.C.

R.I. for ten years and fine of Rs. 2000/- in default to suffer R.I. for 3 years.

3.

376(2)(m) of the I.P.C.

Life imprisonment and fine of Rs. 2000/- in default to suffer R.I. for 3 years.

4.

376AB of I.P.C. (Amendment Act 2018)

Capital punishment and fine of Rs. 2000/- in default to suffer R.I. for 3 years.

5.

302 of IPC

Capital punishment and fine of Rs. 2000/- in default to suffer R.I. for 3 years.

6.

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