MEENAKSHI MADAN RAI
Maheshwar Singh – Appellant
Versus
State of Sikkim – Respondent
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 foiste
Mohd. Ali alias Guddu vs. State of Uttar Pradesh
Rajesh Patel vs. State of Jharkhand
Lakhi Ram Takbi vs. State of Sikkim
Vijay alias Chinee vs. State of Madhya Pradesh
Ajahar Ali vs. State of West Bengal
State of Maharashtra vs. Chandraprakash Kewalchand Jain
Karnel Singh vs. State of Madhya Pradesh
State of Karnataka vs. K. Yarappa Reddy
Gangabhavani vs. Rayapati Venkat Reddy and Others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.