JUDGEMENT
MANOJ MISRA,J. -
(1.)Najeeruddin (the appellant) has been convicted under Ss. 302, 307, 376, 376-A, 376-AB, 377, 201 I.P.C. and Ss. 5/6 of Protection of Children from Sexual Offences Act (for short Pocso Act), vide judgment and order dtd. 26/3/2021 passed by Special Judge (Pocso Act), Azamgarh in Special Sessions Trial No.229 of 2019, and has been awarded following punishment:
(i) Under Sec. 302 I.P.C, death penalty with fine of Rs.2.00 lacs;
(ii) Under Sec. 307 I.P.C, ten years R.I. with fine of Rs.1.00 lac and a default sentence of additional six months R.I.;
(iii) Under Sec. 376 I.P.C, imprisonment for life with fine of Rs.1.00 lac and a default sentence of additional six months;
(iv) Under Sec. 376-A I.P.C, imprisonment for lifewith fine of Rs.1.00 lac and a default sentence of additional six months R.I.;
(v) Under Sec. 376-AB I.P.C., imprisonment for life with fine of Rs.2.00 lacs and a default sentence of additional six months R.I.;
(vi) Under Sec. 377 I.P.C., ten years R.I. with fine of Rs.1.00 lac and a default sentence of additional six months R.I.; and
(vii) Under Sec. 201 I.P.C., seven years R.I. with fine of Rs.1.00 lac and a default sentence of additional three months R.I.
All sentences to run concurrently.
(2.)As for offence punishable under Sec. 302 I.P.C., capital sentence has been awarded, the court below has sent a reference for confirmation of death penalty.
(3.)The appellant has submitted his appeal from jail against the aforesaid judgment and order of conviction and sentence. The said appeal has been forwarded by the Superintendent (Jail), Azamgarh, vide letter dated July 5, 2021, which has been registered as Capital Cases No. 11 of 2021. The appellant has prayed that the judgment and order of conviction and sentence recorded by the trial court be set aside and that he be acquitted of the charges.
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