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2025 Supreme(MP) 410

VIVEK AGARWAL, DEVNARAYAN MISHRA
In Reference – Appellant
Versus
Virendra Adiwasi – Respondent


Advocates appeared:
Nitin Kumar Gupta, Public Prosecutor for State;
Aditya Adhikari assisted by Kaustubh Chaturvedi, and Pramod Singh Tomar for accused..

JUDGMENT

Agarwal, J. -- 1. These cases originate from the impugned judgment dated 23.7.2021 passed by the learned Special Judge (POCSO Act)/Ninth Additional Sessions Judge, Sagar, District Sagar (M.P.) in Special case No.37/2019 (State of Madhya Pradesh through Police Station Sanodha, District Sagar v. Virendra Adiwasi S/o Nirpat), whereby the appellant-accused has been convicted by the learned trial Court under sections 363, 366A of IPC and sentenced to undergo rigorous imprisonment for 7 years (fine of Rs.100/-) and rigorous imprisonment for 10 years (fine of Rs.100/-), respectively, with default stipulation to undergo additional rigorous imprisonment for 2 months on each count. The appellant is also convicted under section 376(3) read with section 376(2)(f) of IPC and section 5(n) read with section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to life imprisonment and fine of Rs.100/- with default stipulation to undergo additional rigorous imprisonment for 2 months. The appellant is also convicted under section 302 of IPC and sentenced to death penalty i.e. hanging till death and fine of Rs.200/- with default stipulation to undergo additional rigor

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