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2022 Supreme(MP) 861

SUJOY PAUL, PRAKASH CHANDRA GUPTA
Additional Sessions Judge/Special – Appellant
Versus
Ramnath Kewat Alias Bhursoo – Respondent


Advocates Appeared:
Shri Sanjay Agrawal, Senior Advocate With Shri Anuj Agrawal - Advocate As Amicus Curiae, Shri Abhay Gupta - Advocate, for the Appellant; Shri R.S. Shukla- Advocate As Amicus Curiae. Shri Yogesh Dhande- Government Advocate, for the Respondent

Table of Content
1. prosecution establishes the case against the appellant. (Para 2 , 5)
2. doubts raised on evidence regarding age and dna testing. (Para 24 , 25 , 27 , 32 , 35)
3. witnesses corroborate prosecution's case. (Para 41 , 43 , 44)
4. court analysis supports conviction based on dna evidence and circumstances. (Para 61 , 78 , 82 , 87 , 92)
5. death penalty modified to life imprisonment. (Para 94 , 95)

JUDGMENT

Sujoy Paul, J. - The Death Reference and Criminal Appeal are arising out of impugned judgment dated 05.03.2019 passed in Case No.400160/2015 whereby appellant was held guilty for committing the offences and sentenced as under :-

Serial No.

CONVICTION

SENTENCE

1.

Under Section 376 (2) (I) New Section of April 2, 2013 in Criminal Proceeding is Jointly with 5/6 Sexual Offences in Connection with the Child's Crime 376-A of the I.P.C.

Death Sentence to be hanged till death and fine of Rs.200/-(Rs. Two Hundred) Only. In default of payment of fine further R.I. for 01 month.

2.

Under Section 302 of the I.P.C.

Death and fine of Rs.200/-(Rs. Two Hund

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