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2017 Supreme(Sikk) 4

MEENAKSHI MADAN RAI
Arjun Subba – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant : S.S. Hamal, Legal Aid Counsel.
For the Respondent: S.K. Chettri and Pollin Rai, Assistant Public Prosecutors.

JUDGMENT :

Meenakshi Madan Rai, J.

1. Dissatisfied by the Judgment and the Order on Sentence, both dated 30-07-2014, passed by the Learned Special Judge (Protection of Children from Sexual Offences Act, 2012), South Sikkim, at Namchi, in Sessions Trial (POCSO) Case No. 10 of 2013, the Appellant is before this Court. The Appellant having been found guilty of the offence under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act") and Section 354B of the Indian Penal Code, 1860 (for short "IPC"), was sentenced as follows;

(i) For the offence under Section 8 of the Protection of Children from Sexual Offences Act, 2012 the convict is sentenced to undergo Simple Imprisonment for a period of Four and a half years and to pay a fine of Rs. 50,000/- (Rupees Fifty thousand) only. In default to pay the said amount of fine he shall undergo further Simple Imprisonment for a period of six months; and

(ii) For the offence under Section 354-B of the IPC, 1860 he is sentenced to undergo Simple Imprisonment for a period of Four and a half years and to pay a fine of Rs. 50,000/-(Rupees Fifty thousand) only. In default to pay the said amount of fine he shall undergo



































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