RAI CHATTOPADHYAY
Mithun Sikder – Appellant
Versus
State – Respondent
JUDGMENT :
RAI CHATTOPADHYAY, J.
1. The appellant/convict in Special Trial No. 54 of 2017, has preferred the instant appeal to challenge the judgment dated October 14, 2022 of the Special Court under POCSO Act, Andaman and Nicobar Islands, Port Blair, in the said Session Trial.
2. The Trial Court has convicted the present appellant and sentenced him for an offence under Section 9 (m) of the POCSO Act 2012, which is punishable under Section 10 of the said Act, to suffer rigorous imprisonment for 5 years with a fine of rupees ten thousand. The Trial Court has also awarded compensation to the victim girl to the tune of rupees one lakh. In default of payment of fine, the appellant was directed further, to suffer rigorous imprisonment for three months more.
3. Mr. Alokesh Sarkar, learned advocate appearing for the appellant/convict has placed his submissions on the points that the prosecution has been unsuccessful in proving the charges against his client beyond scope of all reasonable doubt. He has specifically stressed on the points that in this particular case there has been a delay of two days’ in filing the FIR, which the prosecution has failed to prove the reason for. He has further s
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