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2022 Supreme(All) 250

MOHD. ASLAM
Amrita Nand @ Tribhuvan Arjariya @ Baba – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Krishna Chaurasia

JUDGMENT :

1. Heard Sri Brijesh Sahai, Senior Counsel assisted by Sri Ram Krishna Chaurasia, learned counsel for the accused-appellant, learned A.G.A. for the State and perused the record.

2. The instant appeal has been moved by accused-appellant under Section 374(2) of Cr.P.C. against the impugned judgment of conviction and order of sentence dated 21.10.2020 passed by Additional Sessions Judge-IV/Special Judge (POCSO Act), Banda in Special Case No.68 of 2015 (State Vs. Amrita Nand @ Tribhuvan Arjariya), arising out of Crime No.617 of 2015, under Sections 376, 511 I.P.C. & Sections 8, 10 of POCSO Act, P.S. Kotwali Nagar, Banda, by which the accused-appellant has been convicted under Section 10 of POCSO Act and was sentenced to undergo rigorous imprisonment for 7 years with a fine of Rs.10,000/-under Section 10 of POCSO Act, in default thereof, to further undergo simple imprisonment for two months.

3. The brief facts necessary for disposal of this appeal is that informant Avadhesh Kumar Soni son of Raja Ram Soni resident of Chhoti Bazar, Thatharahi, Police Station Kotwali Nagar, District Banda has lodged a first information report on 23.8.2015 at 20:50 p.m. at Police Station Kotwali Na

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