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2021 Supreme(Sikk) 55

MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
Sanjib Rai – Appellant
Versus
State of Sikkim – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sunil Baraily.
For the Respondent: Mr. Yadev Sharma.

JUDGMENT :

MEENAKSHI MADAN RAI, J.

1. Both Appellants No. 1 and 2 (for short, A1 and A2) herein were convicted vide impugned Judgment dated 22-10-2020 in Sessions Trial (POCSO) Case No. 05 of 2019, under Section 376 of the Indian Penal Code, 1860 (for short “IPC”) and sentenced to undergo imprisonment for 10 (ten) years, each, with fine of Rs. 500/- (Rupees five hundred) only, each and default clauses of imprisonment, vide impugned Order on Sentence dated 23-10-2020, for sexually assaulting the victim.

2..........

    (i) The Prosecution case as it unfolds is that on 13-09-2019, source information was received at the Police Station, that the minor girl was missing from her home from 11-09-2019 which had remained unreported. The Investigating Officer (I.O.) PW-13 visited her parents to request them to lodge a First Information Report (FIR). Meanwhile, the Police took necessary steps, traced and brought the victim, PW-1 to the Police Station. PW-2, an Outreach Worker, District Child Protection Unit (DCPU) was intimated about the situation and PW-1 handed over to her for counselling, during which, PW-1 revealed to PW-2 that she had been with A1 for two days and had been sexually assaulted by

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