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2020 Supreme(Sikk) 9

ARUP KUMAR GOSWAMI, MEENAKSHI MADAN RAI
Bhakta Bahadur Subba – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant : Mr. D. K. Siwakoti, Adv.
For the Respondent: Mr. S. K. Chettri, Additional Public Prosecutor

JUDGMENT :

Meenakshi Madan Rai, J.

1. By preferring this appeal the Judgment and Order on Sentence, both dated 26-07-2019, in Sessions Trial (POCSO) Case No.10 of 2018 are assailed. The learned Trial Court subjected the appellant to trial under four counts of the Indian Penal Code, 1860 (hereinafter, “IPC”) and three counts of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, “POCSO Act, 2012”). On completion of trial, the appellant was convicted on all seven counts as follows;

    (i) For the offence under Section 354 of the IPC, the convict was sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.1,000/- (Rupees one thousand) only;

(ii) For the offence under Section 376(2)(n) of the IPC, he was sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.5,000/- (Rupees five thousand) only;

(iii) For the offence under Section 376(3) of the IPC, he was sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.10,000/- (Rupees ten thousand) only;

(iv) For the offence under Section 506 of the IPC, he was sentenced to undergo simple imprisonment for a period of o

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