Gudiya case convict sentence cover under sec 302 & 376(A); Convict to move HC within 30 days to challenge the verdict

Session and Special Judge CBI Shimla pronounced  life imprisonment to the convict Anil Kumar alias Nilu relying upon the quantum of punishment prescribed under sec 302 of Indian Penal Code and Section 376 (A) which cover the maximum sentence under two other section in which  he was held guilty by the court.
Special Judge CBI Shimla Mr Rajeev Bhardwaj pronounced the quantum of Punishment to accused\already held guilty under secs 306(2)(i) , 376 (A) , 302 of IPC and sec four of POCSO Act . In the openly packed court judge mainly rely upon the provision of sec 302 and 376(A) to punish him.
Talking to UNI the counsel for the Defense or accused Mr Mahinder Singh Thakur said that court decided to give him life imprisonment under 302 of IPC however maximum imprisonment under the section is death. The minimum provision under this section is specified life imprisonment. The convict would also pay the fine of Rs 20,000 under sec 302 failing to pay the fine he have to under go one year imprisonment..
He said that would convict also under go life imprisonment which shall be persons natural life or with death covered under sec 376(A) rigorous imprisonment.  The court have also held accused guilty under sub-sec 376(1)(i) of IPC and Sec 4 of POCSO Act  since the maximum sentence cover under rest two section is already cover under sec 376 and 376(A) the court did not mentioned the quantum of punishment under these sections .

Mr Thakur said that since the conviction or verdict was passed against his client or accused in paucity of concrete evidence the convict would move the next appellant and high court within 30 days to challenge the verdict. He said that could be more than300 page length it would  take him more than three to four weeks to purses to challenge it in the high court.
A CBI SIT constituted by the Himachal Pradesh High court in 2017 have probed the Gudiya rape and murder case the official reaction from the CBI is yet awaited While demanding and arguing maximum  under sec 302 of IPC it has demanded the capital punishment during the argument on quantum of punishment in the last hearing on Jun 15before the court was not accepted by the CBI judge.

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