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2017 Supreme(Sikk) 7

MEENAKSHI MADAN RAI
Nim Tshering Lepcha, Son of late Mingu Lepcha – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant : Mr. S.S. Hamal, Legal Aid Counsel.
For the Respondent: Mrs. Pollin Rai, Assistant Public Prosecutor.

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Appellant having been found guilty of the offence under Section 3, punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter “POCSO Act”) and under Section 341 and Section 506 Part II of the Indian Penal Code, 1860 (for short “IPC”) by the Court of the learned Special Judge, POCSO, North Sikkim at Mangan, in S.T. (POCSO) Case No. 01 of 2014, vide the impugned Judgment dated 20.11.2014, was convicted and sentenced as follows;

1. To undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/- (Rupees ten thousand) only, under Section 4 of the POCSO 2012 with a default clause of imprisonment;

2. Simple Imprisonment for one month under Section 341 of the IPC and

3. Seven years rigorous imprisonment and a fine of Rs.2000/- (Rupees two thousand) only, under Section 506 Part II of the IPC, also with a default stipulation.

The periods of imprisonment were ordered to run concurrently. Dissatisfied and aggrieved by the Conviction and Order on Sentence, the instant Appeal assails both.

2. The primary thrust of the argument of learned Counsel for the Appellant was that Exhibit 1, the FIR, was filed be






























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