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2018 Supreme(Ori) 185

D.P.CHOUDHURY
Mangal Tudu – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Appellant : M/s.Anup Kumar Jena and B.B. Mohapatra.
For the Respondent:Miss. Savitri Ratho Additional Government Advocate.

JUDGMENT :

D.P. Choudhury, J.

This Jail Criminal Appeal is filed by the appellant from Jail assailing the judgment of conviction and sentence passed under Section 376(2)(i) of the Indian Penal Code (hereinafter called as “I.P.C.”) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short “the POCSO Act”) by the learned Sessions-cum-Special Judge, Mayurbhanj, Baripada in G.R. Case No. 246 of 2013/T.C. No. 48 of 2013 sentencing him to undergo R.I. for ten years and to pay fine of Rs.10,000/- (Rupees Ten Thousand) and in default of payment of fine, further R.I. for a period of six months more on each count for the offence under Section 376(2)(i) of IPC and Section 4 of the POCSO Act.

2. The unfolded story of the case of the prosecution is that on 18.2.2013 at about 8.00 pm, while the daughter of the informant had gone to forest to bring wood, the appellant caught hold her and forcibly ravished her against her consent. When she did not return, the informant went to search her daughter and found her inside the jungle and she informed that she has been raped by the appellant. Thereafter, the informant brought his daughter and got her treated at the hospital. Then,














































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