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2023 Supreme(All) 1725

ASHWANI KUMAR MISHRA, SYED AFTAB HUSAIN RIZVI
Suresh Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Krishna Mishra, Ras Bihari Pandey
For the Respondent: Raghavendra Kumar Tiwari

JUDGMENT :

Syed Aftab Husain Rizvi, J.

1. Heard Sri Ram Krishna Mishra, learned counsel for the appellant, and Ms. Mayuri Mehrotra & Sri Rahul Asthana, learned AGA for the State.

2. This criminal appeal has been filed against judgment and order dated 09.01.2020, passed by Special Judge (POCSO Act)/Additional Session Judge, Court No.8, Ghaziabad, in arising out of Case Crime No.927 of 2016 under Sections 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act, Police Station Kotwali, District Ghaziabad. The appellant has been convicted for the offences under Sections 376 I.P.C. and 5/6 of The Protection of Children From Sexual Offences Act and sentenced to undergo life imprisonment for the offence under Section 5/6 of The Protection of Children From Sexual Offences Act,2012 along with a fine of Rs.50,000/-. In default of payment of fine, to undergo six months simple imprisonment.

3. The F.I.R. of this case was registered on 29.12.2016 at 14.50 on the written information in which it is alleged that eight year old minor sister of the informant was sexually assaulted by Suresh at his residence house no. 424/G, Punjab Railway Colony on 25.12.2016. The victim used to live w

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