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2022 Supreme(HP) 425

SABINA, SATYEN VAIDYA
Prem Verma, Son Of Sh. Heera Singh – Appellant
Versus
State Of Himachal Pradesh Through Secretary Home, Govt. Of H. P. At Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.L. Bhardwaj, Adv.
For the Respondent:Mr. Kamal Kant, Deputy Advocate General

JUDGMENT :

Appellant has filed appeal challenging the judgment/order dated 28.01.2017/21.02.2017 passed by the trial Court, whereby he was convicted and sentenced as under :-

Under Section 377 of Indian Penal Code

Rigorous imprisonment for a period of 7 years and to pay fine of Rs.10,000/-. In the event of failure to pay the amount of fine, he shall further undergo simple imprisonment for a period of one month.

Under Section 6 of Protection of Children from Sexual Offences Act, 2012

Rigorous imprisonment for a period of 10 years and to pay a fine of Rs.20,000/-. In the event of failure to pay the amount of fine, he shall further undergo simple imprisonment for a period of three months.

2. Prosecution story, in brief, is that on 22.07.2015, victim, who was a student of 3rd class, was playing in the school ground near the residential quarter of the complainant. At about 7:00 p.m., the victim had informed the wife of the complainant that he was feeling pain in his anus. On further inquiry, the victim disclosed that appellant had called him in

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