J U D G M E N T

(Passed on 08/09/2021)

Per Rajeev Kumar Shrivastava, J.:

This judgment shall govern the disposal of Criminal Reference Case No. 05/2020 as well as Criminal Appeal No. 4965/2020, as both arise out of judgment dated 16.09.2020 passed by Fifth Additional Sessions Judge & Special Judge (Protection of Children from Sexual Offences Act, 2012), Gwalior (MP) in Special Sessions Trial No. 122/2017.

2. As per Criminal Reference Case No.05/2020, Fifth Additional Sessions Judge & Special Judge (Protection of Children from Sexual Offences Act, 2012), Gwalior (MP) vide judgment dated 16.09.2020 in Special Sessions Trial No. 122/2017, having found the accused guilty under Sections 363, 377, 302, 201 (Part-1) of IPC and under Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'), has inflicted penalty of death sentence and has submitted the matter for confirmation under Section 366 of Cr.P.C.

3. Criminal Appeal No.4965/2020 has been filed by the accused from jail against the aforesaid judgment, whereby he has been convicted and sentenced as under :-

CRA No. 4965/2020 Yogesh Nath @ Jogesh Nath Vs. The State of MP