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2021 Supreme(Ori) 162

S.K.SAHOO
Bipin Bhoi – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Niranjan Singh, Advocate, Anupam Rath, Advocate

JUDGMENT

S.K. Sahoo, J. - The appellant Bipin Bhoi faced trial in the Court of learned Addl. Sessions Judge -cum- Judge, Special Court (POCSO), Dhenkanal in C.T. (Spl.) POCSO Case No.11 of 2015 for commission of offences punishable under sections 376(2)(i) and 506 (Part-I) of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act'). The learned trial Court vide impugned judgment and order dated 30.08.2018 found the appellant guilty of the offences charged and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.25,000/- (rupees twenty five thousand), in default, to undergo further imprisonment for six months under section 6 of the POCSO Act and rigorous imprisonment for one year for the offence under section 506 (Part-I) of the Indian Penal Code and both the sentences were directed to run concurrently. No separate sentence was awarded for the offence under section 376(2)(i) of the Indian Penal Code in view of the provision under section 42 of the POCSO Act

2. The prosecution case, in short, is that on 05.04.2015 at about 10.00 a.m., the victim (P.W.1), who is a minor girl aged about twelve

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