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2022 Supreme(Ori) 411

S. K. SAHOO
Abhimanyu Jena – Appellant
Versus
State of Odisha – Respondent


Advocates appeared:
Mr. Saktidhar Mishra (Amicus Curiae), for the Appellant; Mr.Arupananda Das Addl. Government Advocate, for the Respondent

JUDGMENT

S. K. Sahoo, J. - The appellant Abhimanyu Jena faced trial in the Court of the learned Addl. Sessions Judge -cum- Special Judge, Angul in Special (POCSO) Case No. 104 of 2016 for the offences punishable under sections 363, 354(A)(i)/511 of the Indian Penal Code (hereafter 'I.P.C.') and section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereafter for short 'POCSO Act') on the accusation that on 06.10.2016 at about 5.30 a.m. at village Kusapangi (Mundamala Sahi), he kidnapped the victim (P.W.1), who is a girl aged about twelve years, from the lawful custody of her mother guardian (P.W.2) without her consent and committed sexual assault on her by forcibly dragging her by holding her hands towards the bush and also committed sexual assault on the victim.

The learned trial Court vide impugned judgment and order dated 13.08.2018 has been pleased to hold that the prosecution has successfully established the charges and the sentenced the appellant to undergo R.I. for three and half years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo further R.I. for one month for the offence under section 363/511 of the I.P.C., to undergo R.I. for

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