AKHTAR ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) Leave granted.

(3.) The present appeals by special leave are preferred on behalf of appellant No. 1-Akhtar Ali alias Ali Akhtar alias Shamim alias Raja Ustad[Hereinafter, being referred to as 'accused-appellant No.1-Akhtar Ali'; appellant in Criminal Appeals @ SLP(Crl.) No(s). 14-15 of 2020.] and appellant No. 2-Prem Pal Verma[Hereinafter, being referred to as 'accused-appellant No.2-Prem Pal Verma'; appellant in Criminal Appeal @ SLP(Crl.) No(s). 6573 of 2020.] assailing the common judgment dtd. 18/10/2019, passed by the Division Bench of the High Court of Uttarakhand at Nainital[Hereinafter, being referred to as 'High Court'.] in Criminal Appeals[Criminal Appeal No. 104 of 2016 along with Criminal Reference No.1. of 2016 and others.], partially upholding the conviction and sentence awarded to the appellants by the Special Judge (POCSO)/ Fast Track Court/ Additional District & Sessions Judge, Haldwani, District Nainital[Hereinafter, being referred to as 'the trial Court'.] vide judgment and order of sentence dtd. 11/3/2016 in Session Trial Case[Session Trial No. 09 of 2015.], whereby accusedappellant No.1-Akhtar Ali was convicted for the offences punishable under Ss. 376A, 363, and 201 of the Indian Penal Code, 1860[Hereinafter, being referred to as 'the IPC.']; under Sec. 3 read with Sec. 4, Sec. 5 read with Sec. 6 and Sec. 7 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012[Hereinafter, being referred to as 'the POCSO Act.']; and Sec. 66C of the Information Technology Act, 2000[Hereinafter, being referred to as 'IT Act'.]. Accused-appellant No. 2-Prem Pal Verma was convicted under Ss. 212 of the IPC and Sec. 66C of the IT Act; however, he was acquitted of the charges under Ss. 363, 201, 120-B, 376A of the IPC and Ss. 16/17 read with Ss. 4, 5, 6, 7 of the POCSO Act. The accused-appellants were sentenced as under: