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2024 Supreme(Gau) 930

BUDI HABUNG
K. Onlen, S/o Late Tingjalal Kuki – Appellant
Versus
State Of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Zho
For the Respondent: Govt Adv NL

JUDGMENT :

HON'BLE MR. JUSTICE BUDI HABUNG

Heard Mr. A. Zho, learned counsel for the petitioner. I have also heard Ms. V. Suokhrie, learned P.P for the State of Nagaland.

2. This is a criminal revision filed by the petitioner under section 397/401 of the Code of Criminal Procedure, 1973 assailing the judgment and order dated 14.07.2020 passed by the Special Judge, Phek Nagaland in Sessions Case No.01/2020 in GR No.02/20 arising out of Phek PS Case No.01/20 under section 10 of the Protection of Children from Sexual Offence Act 2012 (for short POCSO, Act), section 509 of IPC and section 29 of the Police Act, whereby and by which the accused Zaphet Kuki has been convicted and sentenced to undergo 6 years imprisonment and a fine of Rs.5000/-for offence under section 10 of the POCSO Act; one year imprisonment and fine of Rs.1000/-for offence under section 509 of the IPC and one month imprisonment under section 29 of the Police Act with default clauses.

3. The brief fact of the case leading to the filing of this petition is that on 18.01.2020 a written FIR was received from one Veshekho Vese (PW-3) by the OC Phek PS, Nagaland against the accused/appellant alleging therein that on the said da

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