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2023 Supreme(Cal) 606

KRISHNA RAO
K. Duryodhan – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Mr. Deep Chaim Kabir, Mr. S. Ajith Prasad.
For the Respondents: Ms. A.S. Zinu.

JUDGMENT :

(Krishna Rao, J.)

1. The appellant has preferred the present appeal against the judgment passed by the learned Special Judge (POCSO) Court, North and Middle Andaman, Mayabunder in Special POCSO Case No.2 of 2020, Special POCSO S.T Case No.16 of 2020 ( The State vs. K. Duryodhan and Smt Sapna) date 17th November, 2021 wherein the learned Judge had convicted the appellant K. Duryodhan and sentenced to suffer rigorous imprisonment for three years for the offence punishable under section 8 of Protection of Children from Sexual Office Act, 2012 and also to pay fine of Rs.50,000/-out of which 90 per cent amount is to be paid to the victim as compensation under section 357 of Code of Criminal Procedure, in default of payment, the appellant will suffer further Rigorous Imprisonment for six months.

2. The case is initiated on the basis of the complaint of the victim before the Police Station Mayabunder on 5th January, 2020 being FIR being FIR No.6 of 2020 under section 7/8/11 of the Protection of Children from Sexual Offence Act, 2012 against the appellant.

3. It is alleged that, on 10th December, 2019 at about 4.30 pm in the evening, when the victim was going from the footpath of

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