KARANDEEP SHARMA @ RAZIA @ RAJU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) The accused-appellant[Hereinafter. Referred to as the 'appellant'.] was tried by the Fast Track Court/Additional Sessions Judge/Special POCSO Judge, Rudrapur, Udham Singh Nagar[Hereinafter, referred to as the 'trial Court'.] in Special Sessions Trial No. 159 of 2016 for the offences punishable under Ss. 376A, 302, 366, 363 and 201 of the Indian Penal Code, 1860[Hereinafter, referred to as the 'IPC'.] and Ss. 5/6 of the Protection of Children from Sexual Offences Act, 2012[Hereinafter, referred to as the 'POCSO Act'.] Vide judgment dtd. 5/4/2017 and 6/4/2017, he was convicted and sentenced in the terms below:

(3.) The trial Court forwarded a reference[Criminal Reference No. 1 of 2017.] under Sec. 366 of the Code of Criminal Procedure, 1973[Hereinafter, referred to as the 'CrPC'.] to the High Court of Uttarakhand at Nainital[Hereinafter, referred to as the 'High Court'.], for confirmation of the death sentence. The appellant also preferred an appeal[Criminal Appeal No. 156 of 2017.] assailing his conviction. The High Court vide judgment dtd. 5/1/2018 dismissed the appeal preferred by the appellant and answered the reference in the affirmative thereby confirming the penalty of death sentence awarded to the appellant by the trial Court. The said judgment of the High Court is the subject matter of challenge in these appeals by special leave at the instance of the accused-appellant.