J. K. MAHESHWARI
Mikal Bhujel alias Rubeen, Son of Jeewan Bhujel alias Joh – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT :
This appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973, hereinafter referred to as “Cr. P.C.”, by the accused/appellant Mikal Bhujel @ Rubeen, challenging the judgment dated 21.08.2018 and the findings of conviction recorded in S.T. (POCSO) Case No.14 of 2016 by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012, hereinafter referred to as “POCSO Act”. The sentence awarded on 22.08.2018 directing the accused to undergo 7 years Rigorous Imprisonment has also been assailed with fine of Rs.5,000/-, in default, three months Rigorous Imprisonment.
2. The case of the prosecution, in brief, is that on 25.05.2016 at 13.30 hrs., a written complaint was submitted by the mother of the minor victim to Rhenock Police Station. It is alleged that on complaining stomach ache by the victim, she consulted the Doctor and found that her minor daughter is pregnant. On enquiring with the victim, she revealed that one Jeewan Bhujel @ John of the same locality had sexually assaulted her on so many occasions since the year 2014. On receiving the complaint of mother of victim, Rhenock Police Station registered FIR No. 04/2016 on the same d
Kirender Sarkar & Ors. vs. State of Assam reported in AIR 2009 SC 2513
Aman Kumar & Another vs. State of Haryana reported in (2004) 4 SCC 379
S.P. Kohli (Dr) v. High Court of Punjab and Haryana (1979) 1 SCC 212 : 1979 SCC (Cri) 252
State of U.P. vs. Babul Nath reported in (1994) 6 SCC 29
Tarkeshwar Sahu vs. State of Bihar (now Jharkhand) reported in (2006) 8 SCC 560
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