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2023 Supreme(Gau) 1122

MITALI THAKURIA
Nishu Jebisow – Appellant
Versus
State of Arunachal Pradesh, Through the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. N. Danggen
For the Respondent: Mr. G. Tao, Addl. P.P., Ms. N. Anju

JUDGMENT :

Heard Ms. N. Danggen, learned Legal Aid Counsel for the appellant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State respondent No. 1 and Ms. N. Anju, learned Legal Aid Counsel for the informant/respondent No. 2.

2. This is an appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and order of conviction dated 08.10.2021, passed by the learned District and Special Judge, Bomdila, West Kameng District, Arunachal Pradesh, in SC(Bdl) POCSO Case No. 02/2021, convicting the accused/ appellant under Section 4 of the POCSO Act and sentenced him to undergo imprisonment for 7 (seven) years and out of which R.I. for 3 (three) years and a fine of Rs. 3,000/- and in default to undergo S.I. for 3 (three) months.

3. The brief facts of the prosecution case is that on 18.05.2020, at 0900 hours, an F.I.R. was lodged by the informant/respondent No. 2 before the Officer-In-Charge, Rupa Police Station, which was subsequently transferred to Trizino Police Station, West Kameng District, Arunachal Pradesh, alleging inter alia that on 17.05.2020, at about 12.45 hours, the appellant had raped her daughter/victim/prosecutrix (name withheld), aged

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