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2022 Supreme(J&K) 13

Hardev Singh – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Sunil Sethi, Mr. Waheed Choudhary.
For the Respondent: Mr. Bhanu Jasrotia.

JUDGMENT :

SANJEEV KUMAR, J.

1. This Criminal Appeal is directed against the judgment of conviction dated 28.02.2020 and order of sentence dated 28.02.2020 passed by the learned Principal Sessions Judge, Rajouri (the trial Court) in Criminal Challan File No. 171/Session titled State of J&K vs. Hardev Singh, whereby the appellant Hardev Singh has been convicted for commission of offence under Section 10 of the Jammu and Kashmir Prevention of Children from Sexual Violence Ordinance, 2018 (for short “POCSO”) and has been sentenced to undergo rigorous imprisonment for ten years and a fine of Rs. 10,000/-. In the order of sentence it is further provided that in case of default of payment of fine, the appellant shall further undergo rigorous imprisonment for six months.

2. With a view to better appreciate the grounds of challenge urged by learned senior counsel to assail the judgment of conviction and order of sentence, it would be necessary to give brief resume of the prosecution case, as was put up before the trial Court.

3. As per prosecution story, the complainant Shaheen Akhter (PW-1) submitted an application on 22.06.2018 in the Police Station Kandi, making allegations of molestation o

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