STATE OF UTTARAKHAND Vs. JANAK BAHADUR

JUDGEMENT

(1.) The Criminal Reference and the Criminal Appeal have arisen from a common judgment and order dtd. 22/9/2021/24/9/2021, passed by Special Judge (POCSO), Pithoragarh in Special Trial No.27 of 2021, 'State Versus Janak Bahadur', by which, the appellant has been convicted for the offence punishable under Sec. 376 A B of the Indian Penal Code, 1860 (in short, 'IPC'), Sec. 323 IPC and Sec. 5 read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, 'Act, 2012').

(2.) In view of the provisions of Sec. 42 of the Act, 2012, the Trial Court has awarded death sentence to the appellant-accused for the offence under Sec. 376 A B IPC with a fine of Rs.5,000.00 and referred the matter to this Court for confirmation of the same in terms of the provisions of Sec. 366 of the Code of Criminal Procedure, 1973. The appellant-accused has been ordered to be hanged till death.

(3.) Appellant-accused has been further sentenced to undergo rigorous imprisonment for a period of one year along with a fine of Rs.1,000.00 for the offence under Sec. 323 IPC, and in default of payment of fine, he has been directed to undergo further simple imprisonment for a period of two month's.