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2018 Supreme(Sikk) 39

BHASKAR RAJ PRADHAN
Michael Kami, S/o Durjay Dhan Kami – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N. B. Khatiwada, (Senior Advocate), Legal Aid Counsel with Ms. Gita Bista, Advocate
For the Respondent: Mr. Karma Thinlay, Additional Public Prosecutor with Mr. Thinlay Dorjee Bhutia, Additional Public Prosecutor

JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. The learned Special Judge (POCSO Act, 2012) South Sikkim at Namchi vide impugned judgment dated 30.09.2016 has found the Appellant guilty and convicted him of the offences under Sections 9 (m)/10 and 7/8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, 2012); Section 354 of the Indian Penal Code, 1860 (IPC) on two counts and Section 354B/511 of the IPC. Resultantly, the Appellant has been sentenced vide impugned order on sentence dated 30.09.2016 to undergo:-

(i) simple imprisonment for a period of five years and to pay a fine of Rs.10,000/- for the offence under Section 9(m)/10 of the POCSO Act, 2012 and in default to pay the said fine to undergo simple imprisonment for a period of six months;

(ii) simple imprisonment of a period of five years and to pay a fine of Rs.10,000/- (Rupees ten thousand) for the offence under Section 354 of the IPC (first count) having default to pay the said fine to undergo simple imprisonment for a further period of six months;

(iii) Simple imprisonment for a period of five years and to pay a fine of Rs.10,000/- for the offence under Sections 7/8 of the POCSO Act, 2012 and in default to pay the f

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