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2021 Supreme(UK) 657

R.C.KHULBE
Robin Biswas – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Janki Surya, Advocate, Subhash Tyagi Bhardwaj, Advocate

JUDGMENT

R. C. Khulbe, J. - This jail appeal is directed against the judgment and order dated 31.07.2018, passed by the F.T.C/Special Judge (POCSO Act)/ADJ, Dehradun in Sessions Trial No. 16 of 2016, State vs. Robin Biswas whereby the learned trial court has convicted the appellant under section 363 IPC and sentenced him three years rigorous imprisonment with fine of Rs. 4,000/-, in default of which, appellant to undergo further six months' rigorous imprisonment . He has been convicted under section 366A IPC and sentenced to 5 years rigorous imprisonment with fine of Rs. 6,000/- in default of which he has to undergo further six months' rigorous imprisonment. He has also been convicted under section 4 of the POCSO Act and sentenced to eight years rigorous imprisonment with fine of Rs. 10,000/- in default of which he has to undergo further one year's rigorous imprisonment.

2. Brief facts of the case are that the PW1- informant submitted a report (Ex. A1) with Police Station Raipur, Dehradun. On the basis of said report, chick FIR (Ex. A8) was lodged on 22.11.2015 at P.S. Raipur, District Dehradun against the accused/appellant. The statement of the prosecutrix (Ex.A2) under section 164

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