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2023 Supreme(Gau) 1467

MALASRI NANDI
Sriman Dev Sarma S/o Late Guru Dutta Dev Sarma – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr R Singha, Mr J Borah. Advocate
For the Respondent: Mr B Sarma, Addl. PP.

JUDGMENT :

MALASRI NANDI, J.

Heard Mr R Singha, learned counsel appearing on behalf of the appellant. Also heard Mr B Sarma, learned Additional Public Prosecutor appearing on behalf of the State of Assam.

2. Feeling aggrieved and dissatisfied with the Judgment and Order dated 30.03.2021, passed by the learned Special Judge, (POCSO) Nalbari, in Special (POCSO) Case No. 32/18, by which the accused appellant has been convicted under Section 448 IPC & Section 10 of Protection of Children from Sexual Offences Act, 2012,(hereinafter, in brevity, referred to as “the POCSO Act”), the accused has preferred this appeal. The appellant was sentenced to undergo Rigorous Imprisonment for 7 (seven) years and to pay a fine of 25,000/-(Rupees Twenty Five Thousand) only, and in default to undergo Simple Imprisonment for 5 (five) months for the offence under Section 10 of the POCSO Act, and the accused appellant was also sentenced to undergo Simple Imprisonment for a term of 1 (one) year and to pay a fine of Rs. 1000/-(Rupees One thousand), and in default of payment of fine to undergo Simple Imprisonment for 5 (five) days for the offence under Section 448 IPC. Both the sentences were directed to run con

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