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In Reference [Received From Special Judge, Court Of Protection Of Children From Sexual Offences Act, District Shahdol (M.P.)] Appellant

V/S

State Of Madhya Pradesh, P.S. Kotwali, Shahdol (M.P.) Respondents

Referred Judgements :-

DHARAM DEO YADAV V. STATE OF UTTAR PRADESH [REFERRED TO]
SUNDERLAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
BHAGWAN DAS VS. STATE OF RAJASTHAN [REFERRED TO]
PHOOL KUMAR VS. DELHI ADMINISTRATION [REFERRED TO]
MODAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
BACHAN SINGH STATE OF PUNJAB AND MAL SINGH SUNIL BATRA NATHU SINGH KARTAR SINGH AND UJAGAR SINGH SHER SINGH SUNIL BATRA MAL SINGH NIRPAL SINGH JAGMOHAN SINGH UJAGAR SINGH VS. UNION OF INDIA [REFERRED TO]
MACHHI SINGH VS. STATE OF PUNJAB [REFERRED TO]
DHANANJOY CHATTERJEE ALIAS DHANA VS. STATE OF WEST BENGAL [REFERRED TO]
OM PRAKASH VS. STATE OF HARYANA [REFERRED TO]
KANTI DEVI VS. POSHI RAM [REFERRED TO]
BODH RAJ VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
ANTHONY D SOUZA VS. STATE OF KARNATAKA [REFERRED TO]
BANTU VS. STATE OF U P [REFERRED TO]
ANKUSH MARUTI SHINDE VS. STATE OF MAHARASHTRA [REFERRED TO]
SANTOSH KUMAR SINGH VS. STATE [REFERRED TO]
B A UMESH VS. REGR GEN HIGH COURT OF KARNATAKA [REFERRED TO]
KRISHAN KUMAR MALIK VS. STATE OF HARYANA [REFERRED TO]
GURVAIL SINGH @ GALA VS. STATE OF PUNJAB [REFERRED TO]
SHYAM NARAIN VS. STATE OF NCT OF DELHI [REFERRED TO]
SHANKAR KISANRAO KHADE VS. STATE OF MAHARASHTRA [REFERRED TO]
DEEPAK RAI VS. STATE OF BIHAR [REFERRED TO]
NANDLAL WASUDEO BADWAIK VS. LATA NANDLAL BADWAIK [REFERRED TO]
MOFIL KHAN VS. STATE OF JHARKHAND [REFERRED TO]
VASANT SAMPAT DUPARE VS. STATE OF MAHARASHTRA [REFERRED TO]
PURUSHOTTAM DASHRATH BORATE AND ORS. VS. STATE OF MAHARASHTRA [REFERRED TO]
SHABNAM VS. STATE OF U P [REFERRED TO]
SUNIL VS. STATE OF MADHYA PRADESH [REFERRED TO]
B.A. UMESH VS. REGISTRAR GENERAL, HIGH COURT OF KARNATAKA [REFERRED TO]
VASANTA SAMPAT DUPARE VS. STATE OF MAHARASHTRA [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [REFERRED TO]

JUDGEMENT

(1.) The present Reference arises out of a judgment of conviction and order of sentence passed by the learned Special Judge (Under the Prevention of Children from Sexual Offences Act, 2012), Shahdol (M.P.) on 28.02.2018 thereby convicting respondent Vinod alias Rahul Chouhtha for an offence under Section 302 of the Indian Penal Code, 1860 (for short "the IPC") and sentencing him to death by hanging. The said respondent has been further convicted under Section 376A of IPC and sentenced to imprisonment for life and also convicted under Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo life imprisonment. All sentences were ordered to run concurrently.

(2.) The convict has filed Criminal Appeal No.2151/2018 against the said judgment. Therefore, both the reference and appeal are taken up for final hearing together.

(3.) The first information report (Ex.P-1) was lodged at 1.59 a.m. on 14.05.2017 in respect of missing of the daughter of Kallu Kahar between 9 a.m. to 9.10 a.m. on 13.05.2017. The statement is that he has two children; one girl aged four years and a boy aged two years. He had gone to work in village Jaithari but at about 11 a.m. on 13.05.2017 his wife Smt. Geeta Kahar phoned him to say that his daughter has gone missing at about 9 a.m. He came back and tried to locate their daughter along with his wife. Since they were not successful in locating the child, it was apprehended that she has been kidnapped by alluring. She was wearing a frock of blue colour; knew the name of her parents; her face is round; whitish colour and hair small. Such report was recorded by Shri Vedmani Sharma, Head Constable.

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IN REFERENCE [RECEIVED FROM SPECIAL JUDGE, COURT OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, DISTRICT SHAHDOL (M.P.)] Vs. STATE OF MADHYA PRADESH, P.S. KOTWALI, SHAHDOL (M.P.)

Referred Judgements :-

JUDGEMENT

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