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S. K. SAHOO
Bapun Singh – Appellant
Versus
State of Odisha – Respondent


Advocates:
Counsel for the Parties:
For the Appellant: Mr. Akhaya Kumar Beura, Amicus Curiae
For the Respondent: Mr. Manoranjan Mishra, Addl. Standing Counsel

JUDGMENT

S.K. Sahoo, J.—The appellant Bapun Singh faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Balasore in Special Case No.379 of 2017 for commission of offences punishable under sections 363/366/376(2)(i)(n) of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’) read with section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’) on the accusation that on 29.09.2017 at about 6.00 a.m., he kidnapped the victim (P.W.1), who was the minor daughter of the informant (P.W.2) aged less than sixteen years, from village Bankapada without the consent of the informant from his lawful guardianship, with the intent that she might be compelled or forced to marry him against her will or might be forced to illicit intercourse, committed rape on the victim repeatedly and also committed aggravated penetrative sexual assault on her.

The learned trial Court vide impugned judgment and order dated 26.06.2019 found the appellant guilty under sections 363/366/376(2)(i)(n) of the I.P.C. and section 6 of the POCSO Act and sentenced him to undergo R.I. for five years and to pay a fine of Rs.5,000/-(rupees five th

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