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2022 Supreme(UK) 147

RAVINDRA MAITHANI
Altaf alias Mehtab – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Deepa Arya.
For the Respondent: Mr. Lalit Miglani.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Present appeal is preferred against the judgment and order dated 17.03.2021/19.03.2021 passed in Special Sessions Trial No. 93 of 2016, State vs. Altaf alias Mehtab, by the court of Additional District Judge, F.T.C. Roorkee, District Haridwar. By the impugned judgment and order, the appellant has been convicted under Sections 376 (2)(f), 506 IPC and Section 5(n)/6 of the Protection of Children from Sexual Offences Act, 2012 (“the Act”) and has been sentenced as hereunder:

    (i) Section 376 (2)(f) IPC - rigorous imprisonment for a period of ten years and a fine of Rs. 20,000/-. In default of payment of fine, further imprisonment for a period of one month.

(ii) Section 506 IPC - rigorous imprisonment for a period of two years and a fine of Rs. 1,000/-. In default of payment of fine, further imprisonment for a period of fifteen days.

(iii) Section 5(n)/6 of the Act - rigorous imprisonment for a period of ten years and a fine of Rs. 30,000/-. In default of payment of fine, further rigorous imprisonment for a period of one month.

2. The prosecution case, briefly stated, is as follows. The victim, a girl aged thirteen years, was in her house, where, according

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