STATE OF UTTARAKHAND Vs. KARANDEEP SHARMA @ RAZIA @ RAJU

JUDGEMENT

(1.) The criminal appeal No.156 of 2017 is instituted against the judgment and order dated 05.04.2017 and 06.04.2017 rendered by learned Additional Sessions Judge/FTC/Special POCSO Judge, Rudrapur, District Udham Singh Nagar in Special Sessions Trial No. 159 of 2016 whereby the appellant was charged with and tried for the offences under Section 302/201/363/366/376(A) of IPC and section 6 of Protection of Children from Sexual Offences Act (hereinafter referred to as "POCSO Act"). The appellant was convicted under Sections 376(A), 302, 201, 363, 366 of IPC and Section 6 of POCSO Act and in light of Section 42 of the POCSO Act, the appellant was sentenced under Sections 376(A) of IPC. The appellant was sentenced with Death Penalty under Section 376(A) IPC as well as under Section 302 IPC. Under Section 366 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of L 10,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months. For the offence under Section 363 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of L 10,000/- and in default of payment of fine, to undergo simple imprisonment for three months. He was further sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of L 10,000/- under Section 201 of IPC and in default of payment of fine, to undergo simple imprisonment for three months.

(2.) Learned Additional Sessions Judge/Special Judge POCSO/FTC, Rudrapur, District Udham Singh Nagar has also made a reference to this Court bearing Criminal Reference No.01 of 2017 for confirmation of Death Sentence imposed upon the appellant/convict vide judgment dated 5.4.2017 and order dated 6.4.2017.

(3.) The case of the prosecution, in a nutshell, is that PW-1 (father of victim) has lodged a first information report on 26.06.2016 to the effect that he alongwith his family had gone to attend a Jagran function (religious congregation) nearby his residence on 25-26.06.2016. He came back to his house at around 11.00 p.m. and went to sleep. In the morning at about 05.00 a.m., his wife informed him that their daughter has not come back home and she was missing. They tried their level best to trace her. When they were searching their daughter near Dhakiya-Gulabo, someone told him that the body of a child was lying in the nearby field. He identified the body of his daughter. It seemed that the child was raped before killed.