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2018 Supreme(Sikk) 5

MEENAKSHI MADAN RAI
Subash Chandra Rai, Son of Jeet Bahadur Rai – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant :Mr. Gulshan Lama, Advocate (Legal Aid Counsel).
For the Respondent: Mr. Karma Thinlay Namgyal and Mr. Thinlay Dorjee Bhutia, Additional Public Prosecutors with Mrs. Pollin Rai, Assistant Public Prosecutor.

JUDGMENT :

Meenakshi Madan Rai, J.

1. Assailing the Judgment and Order on Sentence, both dated 19-04-2017, of the Court of the Learned Special Judge (POCSO), North Sikkim, at Mangan, in Sessions Trial (POCSO) Case No.01 of 2016, the instant Appeal has been preferred. The Appellant was convicted under Sections 9(l), 9(m) and 9(n) of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”) and Section 354 of the Indian Penal Code, 1860 (for short “IPC”) and sentenced to undergo simple imprisonment for a period of 5 (five) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand) only, under each of the above offences with a default stipulation each. The sentences were ordered to run concurrently, duly setting off the period of imprisonment already undergone by the convict as an under-trial prisoner.

2. Claiming an acquittal for the Appellant, it was put forth by his Counsel that the evidence of the victim, P.W.3, is not creditworthy as her testimony given before the Learned Special Judge (POCSO), North Sikkim, at Mangan, bore substantial exaggerations from her statement under Section 164 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) re



































































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