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2024 Supreme(HP) 300

SATYEN VAIDYA, TARLOK SINGH CHAUHAN
Dharam Chand – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant : Mr. Digvijay Singh Thakur.
For the Respondent: Mr. I.N. Mehta with Ms. Sharmila Patial, Mr. J.S. Guleria.

JUDGMENT :

Tarlok Singh Chauhan, J.

The appellant/convict has filed the instant appeal against the judgment dated 29.8.2019 and order dated 31.8.2019 passed by the learned Special Judge, Kangra at Dharamshala, whereby he has not only been convicted for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”) but also under Section 376-AB of the Indian Penal Code (for short, “IPC”) and sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.50,000/- and in default of payment of fine, to further undergo simple imprisonment for 6 months under Section 376-AB IPC.

2. Brief facts of the case are that on 24.09.2018 at around 2:00 p.m., the victim, aged about 10 years, a student of 6th Class, was playing in the Varandah of her house while her mother (complainant) PW1 Kamlesh Kumari was watching TV when appellant came there and asked about the shop (Patanjali), where Ram Dev's products were sold. The appellant took the victim with him and did not return for about 45 minutes. Thereafter, complainant went to Ram Dev's shop in the village, but, the victim was not found there. The complainant returned and reac

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