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2019 Supreme(HP) 516

DHARAM CHAND CHAUDHARY, JYOTSNA REWAL DUA
Arun Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
Satyen Vaidya, Adv., Vivek Sharma, Adv., Vikas Rathore, Adv., Narender Guleria, Adv., J.S. Guleria, Adv., Manoj Bagga, Adv.

JUDGMENT :

Jyotsna Rewal Dua, J.

Instant appeal has been preferred by the appellant/accused against the judgment dated 29.03.2018, passed by learned Special Judge (District and Sessions Judge), Hamirpur, H.P., whereby accused has been held guilty and convicted for the offences punishable under Sections 341, 363, 328, 376(2)(i), 323 & 506 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act'). For the offence punishable under Section 6 of POCSO Act, accused has been sentenced to undergo rigorous imprisonment for ten years with fine of Rs.10,000/- and in default of payment of fine, accused has to further undergo simple imprisonment for one year. Having been sentenced under Section 6 of POCSO Act, appellant was not imposed any sentence for the offences punishable under Sections 328 and 376(2)(i) IPC. Sentences of less than 10 years, in respect of other offences, were to run concurrently.

2. (I). Appellant-accused was charged with offences:-

    (a). Punishable under Section 341 IPC having been committed by him on 26.02.2014 and 28.10.2015;

(b). Punishable under Section 363 IPC having been committed on 26.02.2014 and 28.10.201

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