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2022 Supreme(Chh) 154

DEEPAK KUMAR TIWARI
Santosh Tamrakar S/o Sobha Tamrakar – Appellant
Versus
State of Chhattisgarh through Station House Officer, Police Station Tapkara, District Jashpur, CG – Respondent


Advocates:
Advocate Appeared:
For the Appellant - Shri Sanjiv Kumar Sahu, Adv.
For the State - Shri Sudhir Sahu, PL

JUDGMENT :

This appeal has been filed by the accused/appellant under Section 374 (2) of the Code of Criminal Procedure assailing the judgment of conviction and order of sentence dated 8.4.2019 passed by Special Judge (POCSO), Kunkuri, District Jashpur in Special Sessions Case No. 39/2017 holding him guilty under Sections 342, 363, 354 (A)(i) IPC and Section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) and sentencing him to undergo RI for one year with fine of Rs. 500/- u/s 342 IPC, RI for three years with fine of Rs. 1000/- u/s 363 and 354(A)(i) IPC each, and RI for five years with fine of Rs. 5000/- under Section 10 of the POCSO Act. Failure in payment of fine under all the aforesaid sections carries default stipulations as well.

2. Case put forth by the prosecution in brief is that on 3.11.2017 at about 3.30 pm FIR (Ex.P-5) was lodged by Smt. Kalawati Chakresh (PW-3) stating that on 1.11.2017 at about 5 pm two girls of her locality namely Nandni (PW5) and Reshmi (PW-7) told her that on that day at about 3.30 pm during recess period when the prosecutrix (PW-4) aged about 7 years studying in Class-2 was playing outside the s

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