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2020 Supreme(UK) 2

ALOK SINGH, RAVINDRA MAITHANI
Jai Prakash – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Manisha Bhandari, Advocate, Siddharath Sah, Advocate, V.K. Gemini, Advocate

JUDGMENT

Alok Singh, J. - Present appeal is filed against the judgment and order dated 26/28.08.2019 passed by Special Judge, (POCSO) in Special Sessions Trial No. 119 of 2018 whereby learned Trial Court was pleased to convict the accused / appellant under section 5/6 of POCSO Act and under section 376 (AB), 377, 302, 201 of IPC and sentenced to undergo imprisonment for whole life and to pay a fine of Rs. 20,000/- and in default to undergo additional rigorous imprisonment of 2 years under section 6 of the POCSO Act; sentenced to undergo 5 years of imprisonment and to pay fine of Rs. 5,000/- and in default, to undergo additional rigorous imprisonment of 6 months under section 201 of IPC; and sentenced capital punishment and to pay a fine of Rs. 30,000/- and in default, to undergo additional rigorous imprisonment of 2 years of rigorous imprisonment under section 302 of IPC.

2. Brief facts of the case are that the informant is from Madhya Pradesh and belongs to lower strata of the society. The accused/appellant as well as informant both are labourers and were residing on separate temporary huts at ongoing construction site. An F.I.R. was lodged by PW1 father of the victim on 28.07.2018

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