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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Lakhi Ram Takbi – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Udai P. Sharma, Advocate (Legal Aid Counsel) with Mr. Mahendra Thapa, Advocate
For the Respondent: Mr. S.K. Chettri and Mrs. Pollin Rai, Assistant Public Prosecutors

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. The Appellant was convicted under Section 3(a) and Section 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act, 2012”) and Section 376(1) of the Indian Penal Code, 1860 (for short “IPC, 1860”) in S.T. (POCSO) Case No. 07 of 2015 by judgment dated 29.04.2017. Vide the order on sentence also dated 29.04.2017, he was sentenced to undergo Rigorous Imprisonment of seven years under Sections 3(a)/4 of the POCSO Act, 2012 and Rigorous Imprisonment of ten years under Sections 5(j)(ii)/6 of the POCSO Act, 2012. No separate sentence was imposed on him under Section 376(1) of the IPC, 1860 in view of Section 42 of the POCSO Act, 2012. The sentences were ordered to run concurrently. No sentence of fine was imposed.

2. Assailing the judgment and order on sentence, learned Counsel for the Appellant contended that no explanation is forthcoming for the belated lodging of the First Information Report (for short “FIR”) Exhibit 15 on 17.12.2014, six months from the alleged incident, being June 2014. Neither the prosecutrix nor her immediate family had initiated steps for prosecuting the Appellant regarding the offence allegedl



























































































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