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2019 Supreme(Gau) 1147

MANISH CHOUDHURY
State of Nagaland – Appellant
Versus
Krishnanandan Paswan – Respondent


Advocates Appeared:
For the Appellant : V. Suokhrie, PP
For the Respondents: V. Theyo, Adv.

JUDGMENT :

Manish Choudhury, J.

1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 ("the CrPC", in short) is preferred against the judgment and order dated 15.06.2018 passed by the learned Special Judge, POCSO Act, Kohima, Nagaland in G.R. Case No. 234/2016 (Special Case No. 5/2016). By the said judgment and order dated 15.06.2018, the learned Special Judge acquitted the respondent-accused from the charges under Section 354A(2) of the Indian Penal Code ("the IPC", in short) and under Section 8 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act", in short) on benefit of doubt, setting the respondent at liberty, if he is not wanted in any other case.

2. The case of the prosecution, in brief, is that on 23.11.2016, a First Information Report (FIR) was lodged before the Officer In-Charge of Women Police Station, Kohima by one Mr. Medozeu Rio (P.W. 2), Chairman of Kezieke Welfare Board, Kohima against the respondent-accused alleging, inter-alia, that the respondent, a tenant of Kezieke Colony, had been abusing and molesting the boys around his neighborhood. It was further alleged that the respondent had lured his neighbourhood boys in the las

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