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2023 Supreme(Cal) 1393

RAJARSHI BHARADWAJ, BIVAS PATTANAYAK
Nando Mondal – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Sabir.
For the Respondent: A.S. Zinu.

JUDGMENT :

RAJARSHI BHARADWAJ, J.

1. The instant appeal arises out of a judgment and an order passed by the Court of Learned Additional District & Sessions Judge at North and Middle Andaman, Mayabunder, dated March 25, 2021 in Special POCSO Case No. 35 of 2020, convicting the appellant under Sections 6 of the Protection of Children from Sexual Offences (hereinafter referred to as ‘POCSO’) Act, 2012 read with Section 376 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs. 2,00,000/- only in default to suffer rigorous imprisonment of a year.

2. The genesis of the prosecutrix case originates when she, the youngest sister of the accused person’s wife, lodged a written statement with the Billiground Police Station (BSP), stating that the accused (herein the appellant), her brother-in-law, touched her breast and forcefully committed physical contact on three occasions while she was staying at their house in 2020. She confided in her elder sister about the incident, but her sister was intimidated by the accused and did not disclose the matter to anyone. The victim was also sexually exploited by another

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