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2023 Supreme(Raj) 1015

PANKAJ BHANDARI, BIRENDRA KUMAR
Jafrudeen @ Jafru – Appellant
Versus
State of Rajasthan Through PP – Respondent


Advocates Appeared:
Mr. Surendra Singh Sunda, Advocate, for the Appellant; Mr. Javed Choudhary, Addl. GA, for the Respondent.

JUDGMENT

Pankaj Bhandari, J. - Appellant has preferred this appeal aggrieved by the judgment of conviction and sentence dated 17.10.2022 passed by Special Judge, POCSO Act, 2012 and Commission for Child Rights Protection Act, 2005, No.1, Alwar, whereby appellant has been convicted for offence under Sections 363, 366, 376-3, 342 IPC and Sentence under Section 5(f)/6 of POCSO Act, 2012 and sentenced as under:-

U/s 363 IPC:- Three years rigorous imprisonment and fine of Rs.5,000/-, in default of payment of fine further, one month additional rigorous imprisonment; U/s 366 IPC:- Five years rigorous imprisonment and fine of Rs.10,000/-, in default of payment of fine, further two months additional rigorous imprisonment; U/s 342 IPC:- One year rigorous imprisonment and fine of Rs.1,000/-, in default of payment of fine, further seven days additional rigorous imprisonment; U/s 5(f)/6 of POCSO Act, 2012:- Imprisonment for life till the remaining natural life and fine of Rs.50,000/-. It has been observed that since the accused-appellant has been sentenced for the offence under Section 5(f)/6 of POCSO Act,2012, hence as per the provision of Section 42 of POCSO Act, there is no need to award separ

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