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2020 Supreme(Gau) 461

MANISH CHOUDHURY
Md Rekman Choudhury – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
Purnima Baruah Bordoloi, Advocate

JUDGMENT

Manish Choudhury, J. - This appeal from jail is preferred against the judgment and order dated 11.07.2018 passed by the Court of Special Judge, Cachar at Silchar ("the trial Court", for short) in Special (POCSO) Case No. 23/2016 whereby the accused-appellant has been convicted under Section 366, Indian Penal Code ("the I.P.C.", for short) and sentenced to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs. 2,000/- (Rupees two thousand), in default of payment of fine, to undergo simple imprisonment for further 2 (two) months. The accused-appellant has also been convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act", for short) and on that count, he has been sentenced to undergo rigorous imprisonment for 7 (seven) years with fine of Rs. 2,000/- (Rupees two thousand), in default of payment of fine, to undergo simple imprisonment for another 2 (two) months. The sentences are ordered to run concurrently.

2. Heard Ms. Purnima Baruah Bordoloi, learned Amicus Curiae for the accused-appellant and Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam.

3. The prosecution story, in brief, as

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