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2024 Supreme(Gau) 946

MARLI VANKUNG, N. UNNI KRISHNAN NAIR
Manlem Wangsu, S/o Jankai Wangsu – Appellant
Versus
State of AP through the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sunil Mow
For the Respondent: P P of AP

JUDGMENT :

Marli Vankung, J.

Heard Mr. S. Mow, learned counsel for the appellant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent No. 1 and Ms. N. Danggen, learned Legal Aid Counsel for the respondent No. 2.

2. The instant appeal filed under Section 374(2) of the Code of Criminal Procedure is for setting aside the Judgment & Order dated 21.06.2021 passed by the learned Special Judge (POCSO), Khonsa in Khonsa Spl. (POCSO) Case No. 02/2021, convicting the accused/appellant under Section 6 of the POCSO Act and sentencing him to undergo Rigorous Imprisonment for 20 years and to pay a fine of Rs. 20,000/-, i.d. S.I for 3 (three) months.

3. Facts of the case, in a nutshell, is that an FIR was filed on 09.12.2020 by the prosecutrix/victim before the Officer-in-Charge, Police Station, Longding to the effect that, on 06.12.2020 at around 9:00 PM, the accused/appellant along with his two friends had come to the residence of the informant searching for rice beer. Accordingly, the victim/prosecutrix prepared rice beer for them. After serving them rice beer, she went outside to clean utensils and while she was cleaning the utensils, the accused/appellant suddenl

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