MANISH CHOUDHURY, ROBIN PHUKAN
NANTU NATH S/O LATE TULON NATH – Appellant
Versus
STATE OF ASSAM – Respondent
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ORDER :
1. This criminal appeal from Jail is preferred to assail a Judgment dated 17.09.2019 and an Order on sentence dated 18.09.2019 passed by the Court of learned Special Judge, Nagaon [‘the Special Court’, for short] in Special [POCSO] Case no. 49/2018. In the trial of Special [POCSO] Case no 49/2018, charges were framed against thee accused persons including the accused-appellant herein. Against the accused-appellant, charge under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 was framed whereas against the other two accused persons, charge was framed under Section 4 of the POCSO Act, 2012. By the Judgment dated 17.09.2019, the learned Special Court has convicted only the accused-appellant while acquitting the other two accused persons from the charge under Section 4 of the POCSO Act, 2012. Finding the accused-appellant guilty of the offence under Section 6 of the POCSO Act, 2012, the accused-appellant has been sentenced to undergo rigorous imprisonment for 15 [fifteen] years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 3 [three] months. The learned Special Court in the Judgment dat
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