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2018 Supreme(Del) 1358

S.P.GARG, C.HARI SHANKAR
Raghav – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Mr. Abhishek Singh, Adv.
For the Respondent: Ms. Asha Tiwari, APP.

JUDGMENT :

C. HARI SHANKAR, J.

1. This appeal, at the instance of the appellant Raghav, assails (i) judgment, dated 3rd March, 2014, passed by the learned Additional Sessions Judge (hereinafter referred to as “the learned ASJ”) whereby the appellant was convicted for having committed offences under clauses (l) and (m) of Section 5 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”) and Section 506 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”), as well as (ii) the subsequent order, dated 4th March, 2014, sentencing the appellant to (a) imprisonment for life, along with a fine of Rs.10,000/-, with default simple imprisonment for six months, under Section 6 of the POCSO Act and (b) rigorous imprisonment for three years along with a fine of Rs.5,000/- with default simple imprisonment of one month under Section 506 of the IPC. The benefit of Section 428 of the Code of Criminal Procedure (hereafter referred to as “the Cr.P.C.”) was also extended to the appellant. The sentences have been directed to run concurrently.

2. The facts of the case, insofar as they are relevant, may be set out as under:

(i) On 14th July, 2







































































































































































































































































































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