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2016 Supreme(HP) 1163

RAJIV SHARMA, AJAY MOHAN GOEL
Krishan Chand – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Appellant :Mr. H.S. Rangra, Advocate.
For the Respondent:Mr. V.S. Chauhan, Addl. Advocate General.

JUDGMENT :

Rajiv Sharma, J.

1. This appeal is instituted against the judgment/order dated 17/18.2.2016, rendered by the learned Special Judge, Mandi, H.P., in Sessions Trial No. 47 of 2014, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 376 IPC and Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act) was convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,10,000/- under Section 6 of the POCSO Act and in default of payment of fine, he was ordered to undergo simple imprisonment for six months. The victim was held entitled to compensation under Victim Compensation Scheme and 50% of the fine amount was also ordered to be paid to the victim through her parents.

2. The case of the prosecution, in a nut shell, is that PW-1, prosecutrix was born on 13.5.2001, as per birth certificate Ext. PW-5/B. On 12.6.2014, she went to school at 8:00 AM. Her mother and father were not present in the house and PW-2 Roshani Devi, grandmother was present in the house. PW-4 Rakesh Kumar her Uncle left house in
























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