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2017 Supreme(Sikk) 41

MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Robin Gurung, S/o Chandra Kumar Gurung – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mrs. Gita Bista, Advocate (Legal Aid Counsel) and Ms. Monika Rai, Advocate
For the Respondent: Mrs. Pollin Rai, Assistant Public Prosecutor

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. Aggrieved by the Judgment and Order on Sentence, dated 30-09-2016, of the Learned Special Judge (POCSO Act, 2012), South Sikkim, at Namchi, in Sessions Trial (POCSO) Case No.21 of 2015, State of Sikkim vs. Robin Gurung, the instant Appeal has been preferred.

2. Vide the impugned Judgment, the Appellant was convicted of the offences charged with and sentenced as follows;

(i) for the offence under Sections 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.50,000/- (Rupees fifty thousand), only.

(ii) for the offence under Section 376(2)(i) and (n) of the IPC, to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.50,000/- (Rupees fifty thousand), only.

(iii) for the offence dated 29-08-2015, under Section 354B of the IPC,, to undergo simple imprisonment for a period of 4 years and to pay a fine of Rs.25,000/- (Rupees twenty-five thousand), only.

(iv) for the offence dated 01-09-2015, under Section 354B of the IPC, to undergo simple imprisonment for a period of 4 years and to pay a fine of Rs.25,000/- (Rup

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