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2019 Supreme(Kar) 1391

K.N.PHANEENDRA, H.B.PRABHAKARA SASTRY
Prasanna S/o. Shivanna – Appellant
Versus
State By Karnataka By Mudigere Police Reptd. By State Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant :Sri. A.H.Bhagavan, Advocate
For the Respondent: Sri. I.S.Pramod Chandra, SPP-2

JUDGMENT :

H.B.PRABHAKARA SASTRY, J.

The present appellant who was accused in Special Case (IPC & POCSO) No.4/2013, in the Court of Principal Sessions and Special Judge, Chikmagalur, (hereinafter for brevity referred to as “trial Court”), has challenged the judgment of conviction dated 07.09.2013 and order on sentence dated 11.09.2013, wherein he is convicted for the offences punishable under Sections 341 and 376 of Indian Penal Code, 1860 (hereinafter for brevity referred to as “IPC”) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity referred to as “POCSO Act”) and sentenced to undergo simple imprisonment for a period of one month and to pay a fine of Rs.500/- and in default of payment of fine, to undergo simple imprisonment for 15 days for the offence punishable under Section 341 of IPC and further sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,00,000/- and in default of payment of fine, to undergo simple imprisonment for two years for the offence punishable under Section 376 of IPC and the appellant/accused is sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/- and in

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