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2019 Supreme(Sikk) 23

MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Shiva Kala Subba – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jorgay Namka.
For the Respondent: Mr. Thinlay Dorjee Bhutia.

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. The Court of the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 (hereinafter the POCSO Act), West Sikkim at Gyalshing, by the impugned Judgment dated 24.02.2017, convicted the Appellant of the offences under Section 5 (m), Section 5 (n) of the POCSO Act and Section 323 of the Indian Penal Code, 1860 (hereinafter the IPC). Consequent thereto the Appellant was sentenced as follows:

“.......................

6. Therefore, I am of opinion that the ends of justice would be well served in this case if the convict is sentenced to undergo 15 years of rigorous imprisonment and to pay a fine of Rs. 10,000/- under Section 6 of POCSO Act, 2012. In the event of default on payment of fine, convict shall undergo SI for a term of 1 year.

For the offence committed under Section 323 IPC, 1860, the convict is sentenced to undergo SI for a term of 1 year.

Both the sentences shall run concurrently..........”

2. Assailing the finding of the learned trial Court, learned Counsel for the Appellant while inviting the attention of this Court to the First Information Report, Exhibit 1, dated 31.07.2015, contended that the document contains no imputat

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