JUDGMENT :

(Alok Kumar Verma, J.) :

The Criminal Reference and these three Appeals have arisen from a common judgment and order dated 22.03.2022/26.03.2022, passed by learned Additional District and Sessions Judge/Special Judge POCSO, Haridwar in Special Sessions Trial No. 27 of 2021, “State vs. Ramtirath Yadav and two Others.”

2. The appellant-accused Ramtirath Yadav has been convicted for the offence punishable under Sections 363, 366-A, 376-A, 376-AB, 377, 302, 201 of the Indian Penal Code, 1860 (in short, “IPC”) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, “Act, 2012”).

3. Appellant-accused Rajiv Kumar has been convicted for the offence punishable under Section 201 IPC and Section 17 of the Act, 2012.

4. Learned Trial Court has awarded death sentence to the appellant-Ramtirath Yadav for the offence under Section 302 IPC and a fine of Rs.50,000/- and in view of Section 42 of the Act, 2012, under Section 6 of the Act, 2012 along with a fine of Rs.50,000/-. He has been ordered to be hanged till death. Learned Trial Court has referred the matter to this Court for confirmation of the same in terms of the provisions of Section 366 of the Code of