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2021 Supreme(Sikk) 6

MEENAKSHI MADAN RAI
Maheshwar Singh – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. N. Rai, Ms. Malati Sharma.
For the Respondent: Ms. Pema Bhutia.

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. The Appellant is aggrieved by the impugned Judgment and Order on Sentence, both dated 26.02.2020, of the Learned Special Judge, Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”), West Sikkim at Gyalshing, in Sessions Trial (POCSO) Case No. 09 of 2019 (State of Sikkim vs. Maheshwar Singh) by which the Appellant was convicted for the offence under Section 354A(1)(i) of the Indian Penal Code, 1860 (for short “IPC”) and sentenced to undergo Rigorous Imprisonment for a period of one year and six months and to pay a fine of Rs. 25,000/- (Rupees twenty five thousand) only. No default clause of imprisonment is reflected.

2. Before this Court, Learned Senior Counsel for the Appellant advanced the argument that Exhibit 3, the First Information Report (for short “FIR”) is suspicious as there are unexplained subsequent insertions on it pertaining to the age of the victim and the period of offence. As per Exhibit 3, the offence purportedly took place between June, 2018 to May, 2019 but the Charge specifies the date of offence as 28.05.2019 on which date the Appellant was on Casual Leave, hence the alleged offence cannot be foisted o

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