Headnote
AI-drafted · Reviewed and approved
The Karnataka High Court dealt with a Criminal Reference under Section 366(1) Cr.P.C. for confirmation of death sentence and connected criminal appeals filed by accused persons challenging conviction and sentence imposed by the Additional District and Sessions Judge, FTSC-II (POCSO), Mangaluru in Special Case No.10/2022. 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 offence, murder, and causing disappearance of evidence, as well as aggravated penetrative sexual assault under the POCSO Act, and sentenced them to death by hanging.
The offences arose out of a conspiracy amongst the accused, who committed gang rape, unnatural offence, and murder of a minor victim at Mangaluru. The trial court found that all three accused acted in concert under Section 34 IPC and imposed the extreme penalty of death under Sections 302, 376DB, and 120B IPC read with Section 6 of the POCSO Act, along with rigorous imprisonment for lesser offences under Sections 366A, 377, and 201 IPC.
The High Court heard arguments from the Additional SPP for the State, counsel for the respective accused, and an Amicus Curiae appointed for the victim/informant, and reserved the matter for judgment. The court's CAV order was pronounced on 6 February 2026 addressing both the reference for confirmation of death sentence and the appeals filed by the convicted accused seeking acquittal.
Catchwords:
death penalty · confirmation of death sentence · gang rape of minor · POCSO Act · aggravated penetrative sexual assault · murder · criminal conspiracy · unnatural offence · procurement of minor girl · disappearance of evidence · Section 366 CrPC reference · joint liability
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