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2022 Supreme(HP) 780

SABINA, SUSHIL KUKREJA
Subhash Chand @ Bhashu – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajiv Rai.
For the Respondent: Ms. Divya Sood, Sushil Kukreja.

JUDGMENT :

1. The instant appeal filed under Section 374 (2) of the Code of Criminal Procedure, lays challenge to judgment of conviction dated 31.08.2019 and order of sentence dated 23.09.2019, passed by the learned Special Judge, Kangra at Dharamshala, in R.B.T No.57-B/VII/19/2016, titled State of Himachal Pradesh Versus Subhash Chand alias Bhashu, whereby the appellant/accused was convicted for commission of the offence under Section 9(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the Act’) and Section 506 of the Indian Penal Code (for short, ‘IPC’) and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.50,000/- (rupees fifty thousand only) and in default of payment of fine, he shall further undergo rigorous imprisonment for a period of one year for commission of the offence under Section 6 of the Act and he was further sentenced to undergo imprisonment for six months under Section 506 of IPC.

2. Briefly stated the facts of the case are that on 14.07.2016, on receipt of a telephonic information from the complainant (name withheld) at Police Station Baijnath, regarding committ

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