Headnote
AI-drafted · Reviewed and approved
The Karnataka High Court dealt with a Criminal Referred Case for confirmation of death sentence and connected criminal appeals arising from the conviction and sentence passed by the Additional District and Sessions Judge, FTSC-II (POCSO), Mangaluru, in Special Case No.10/2022 by judgment dated 29.10.2024 and order of sentence dated 07.11.2024. The trial court convicted accused Nos.1 to 3 — Jayban Adivasi @ Jay Singh, Mukesh Singh and Manish Thirki — for offences of criminal conspiracy, procurement of minor girl, unnatural offences, gang rape of a minor, murder and causing disappearance of evidence, and imposed death penalty by hanging for the offences punishable under Sections 302, 376DB and 120B of IPC and Section 6 of the POCSO Act read with Section 34 of IPC, along with other sentences of rigorous imprisonment for the remaining offences.
The accused persons, who were migrant labourers residing in Mangaluru, were found to have conspired and committed rape and murder of a minor child. The case was registered under Sections 120B, 366A, 376DB, 377, 302 and 201 read with Section 34 of IPC and Section 6 of the POCSO Act. The Sessions Court, having considered both oral and documentary evidence and finding the offence to be in the 'rarest of rare' category, imposed the death sentence on all three accused, necessitating a reference to the High Court under Section 366(1) of the Code of Criminal Procedure for confirmation of the sentence.
The High Court heard arguments from the Additional State Public Prosecutor for the State, the respective counsel for the accused-appellants, and the Amicus Curiae appointed for respondent No.4. After reserving the matter for judgment on 20.01.2026, the Court pronounced its order on 06.02.2026, examining whether the death sentence awarded by the trial court warranted confirmation or modification, and considering the appeals filed by the accused persons challenging their conviction and sentence.
Catchwords:
death sentence · confirmation of death sentence · gang rape of minor · murder of minor · POCSO Act · criminal conspiracy · rarest of rare · Section 366 CrPC · migrant labourers · unnatural offence · causing disappearance of evidence
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