JUDGMENT :

(Ritu Bahri, CJ.) :

The present Reference has been sent by the Special Judge/Sessions Judge, Tehri Garhwal in judgment and order dated 27th April, 2018 passed in SST No. 46 of 2016 State vs. Yusuf @ Sonu, whereby respondent-Yusuf alias Sonu has been convicted under Sections 376(2) and 302 of the INDIAN PENAL CODE (for short ‘IPC’) with death penalty.

2. Criminal Appeal No. 167 of 2018 has also been filed by the convict (Yusuf alias Sonu) against the judgment and order dated 27th April, 2018 passed by the Special Judge/Sessions Judge, Tehri Garhwal in Special Sessions Trial No. 46 of 2016 State vs. Yusuf alias Sonu, whereby the appellant has been convicted and sentenced under Section 376(2)(i) of IPC to undergo imprisonment for life with a fine of Rs. 50,000/- and under Section 302 of IPC with death sentence and fine of Rs. 50,000/-.

3. An FIR (Exhibit A-1) was registered on the complaint made by Anita, wife of Bhim Singh, on 11.03.2016. As per the complainant, she got married to Sonu as per Muslim customs on 05.03.2016. In the night of 05.03.2016, she made his daughter (the deceased) sleep with him and committed rape on her, as a result of which she died. Three-four days