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2021 Supreme(Gau) 283

PARTHIVJYOTI SAIKIA
Naruj Kr Doley – Appellant
Versus
State Of Arunachal Pradesh – Respondent


Advocates Appeared:
S.K. Deori, Advocate, U. Bori, Advocate, Karyom Dabi, Advocate, S. Patir, Advocate

JUDGMENT

Parthivjyoti Saikia, J. - Heard the learned counsel, Mr. S.K. Deori appearing for the appellant. Also heard Mr. K. Dabi, learned counsel appearing for the victim and Mr. U. Bori, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

2. This is an application under Section 374 (2) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 23.05.2016 passed by the Sessions Judge, Yupia in Session Case POCSO No. 30/YPAL/2014. By the impugned judgment, the trial convicted the appellant under Section 8 of the POCSO Act, 2012 and sentenced him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/-.

3. On 22.02.2014, 27 years old informant lady had lodged an FIR before the police alleging that, on that day at about 5.30 pm, the appellant came to her house in her absence and possibly took away the 15 years old victim, who was serving as a maid servant at her house to the nearby jungle and committed rape upon her.

4. Police registered the case under Sections 447/366 (A)/376 (2) (I) of the Indian Penal Code, read with Section 4 of the POCSO Act of 2012.

5. On conclusion of investigation, the police filed the charge-sheet agai

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