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2022 Supreme(HP) 140

SABINA, SATYEN VAIDYA
Surinder Singh, Son Of Shri Amar Singh – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant :Sh. Malay Kaushal, Advocate
For the Respondent:Sh. Anil Jaswal, Additional Advocate General

JUDGMENT :

Satyen Vaidya, J.

By way of instant appeal, appellant has assailed the judgment and sentence dated 29.5.2019/6.7.2019, passed by learned Special Judge, Kangra at Dharmshala, in Sessions Case No. S.C. No. 47-G/VII/16, RBT No. 61-G/VII/17/16, whereby appellant has been convicted for commission of offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short the “POCSO Act”) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 50,000/- and to further undergo rigorous imprisonment for one year in default of payment of fine. In addition, the victim has also been awarded lump sum compensation of Rs. 6,00,000/- to the victim.

2. The case as set up by prosecution was that on 26.7.2016, Anjana Devi (PW-1) (hereafter referred to as complainant) reported a crime at Police Post, Ranital vide daily dairy No. 11 (Ext. PW-12/A), alleging inter-alia that the victim was her daughter. On 25.7.2016, the mother of complainant had paid a visit to the house of complainant. At about 2.00 PM, she in the company of the victim and Nishant (son of complainant) went towards the bus-stop. Both the children (victim and her brother) reache

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