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2023 Supreme(AP) 1365

T. MALLIKARJUNA RAO
Mahankali Syam – Appellant
Versus
State of Andhra Pradesh – Respondent


JUDGMENT

1. Accused in Sessions Case No.08 of 2015 on the file of the learned Special Judge Constituted under Protection of Children from Sexual Offences Act-cum-Additional Metropolitan Sessions Judge, Vijayawada [for short, "the trial Court"], is the appellant herein. He was tried for the offences punishable under Sec. 366, 342, 376(2) r/w Sec. 376(2)(n) of the Indian Penal Code, 1860 [for short, "I.P.C."] and Sec. 6 r/w 5(1) of the Protection of Children from Sexual Offences Act, 2012 [for short, "POCSO Act"].

2. Vide Judgment, dtd. 1/7/2015, the learned Sessions Judge convicted the Accused under Sec. 235(2) of Cr.P.C. Accordingly, he was sentenced to suffer Rigorous Imprisonment for three (3) years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand only), in default, to suffer Simple Imprisonment for six months for the offence under Sec. 366 I.P.C. Further, he was sentenced to suffer Rigorous Imprisonment for ten (10) years and to pay a fine of Rs.20,000.00 (Rupees twenty thousand only), in default, to suffer Simple Imprisonment for six months for the offence punishable under Sec. 376(2) r/w Sec. 376(2)(n) I.P.C., alternatively Sec. 6 r/w 5(1) of POCSO Act. Both the sentences

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