C.A.V. JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date: 20-10-2020

 Accused Ajit Kumar and Vishal Kumar enticed and kidnapped the prosecutrix (hereinafter referred to as ‘the deceased’), a minor girl, from the guardianship of her parents residing in Village Pipra (Bihar) and took her first to Patna (Bihar) and then to Vadodara (Gujarat) where she was subjected to gang rape and burnt to death.

2. In crux, this is the case of the prosecution, concerning which accused Ajit Kumar stands convicted for committing an offence punishable under Sections 363, 366A, 120B, 302, 376(D) of the Indian Penal Code and Section 6(g) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act, 2012).

3. Concerning an offence under Section 302 I.P.C., the accused stands sentenced to be hanged by the neck till his death. No separate sentence about the other crimes stands passed.

4. Resultantly,Death Reference No. 03 of 2018titled asThe State of Bihar Vs. Ajit Kumaris before us for confirmation of such a sentence of death.

5. The accused has challenged the correctness of the findings returned, the judgment of conviction; and the sentence, vide connected Cr. Appeal (DB) N