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S.C.SHARMA, SHAILENDRA SHUKLA
STATE OF M. P. – Appellant
Versus
WARIS s/o NAHAR KHAN – Respondent
| Table of Content |
|---|
| 1. conviction details and sentencing. (Para 1 , 2) |
| 2. factual background of the case. (Para 3 , 4 , 5 , 6 , 8 , 12) |
| 3. arguments regarding the appeal. (Para 14 , 15 , 21) |
| 4. witness testimonies and corroborative evidence. (Para 16 , 22 , 23 , 24 , 25 , 29) |
| 5. final analysis and conclusion. (Para 26 , 36 , 63 , 75) |
JUDGMENT :
SHAILENDRA SHUKLA, J.
1. The present reference and appeal arise out of judgment dated 17-12-2018, pronounced in Special Case No. 3/2018, by the Second ASJ and Special Judge (POCSO Act), Jaora, District Ratlam whereby, accused Waris has been convicted under the provisions of sections 376(2)(f), 376(2)(n), 376-AB, 302 and 201 of Indian Penal Code and section 5/6 of POCSO Act and has been sentenced as under :—
Provision of Indian Penal Code Sentence Section 376 -AB Indian Penal Code Death sentence (to hang till death) with fine of Rs. 5000/-. One year RI if fine not paid. Section 302 of Indian Penal Code Death sentence (to hang till death) with fine of Rs. 5000/-. One year RI if fine not paid. Section 201 of Indian Penal Code RI for a period of 5 years with fine of Rs. 5000/-
2. The accused has not been sentenced separately under section 376(2)(f), 376(2)
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