Judgment :-

K.S. Radhakrishnan, J. –

1. We are, in this case, concerned with a gruesome murder of a minor boy aged 10 years after subjecting him to carnal intercourse and then strangulating him to death.

2. The accused, Anil @ Anthony Arikswamy Joseph, was charge-sheeted with offences punishable under Sections 302, 377 and 201 of the Indian Penal Code (IPC). The Principal District and Sessions Judge, Nagpur in Sessions Trial No.167 of 2008 convicted the Appellant for the offence punishable under Section 302 IPC and sentenced him to death and also sentenced to pay a fine of Rs.10,000/- and in default to suffer rigorous imprisonment for one year and for the offence punishable under Section 377 IPC, he was sentenced to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.1,000/- and in default to suffer rigorous imprisonment for a period of three months. The Appellant was also convicted for the offence punishable under Section 201 IPC and was sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.1,000/- and in default to suffer rigorous imprisonment for a period of three months. Substantive sentences, it was ordered, would run concurrently. Since the