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2022 Supreme(UK) 152

RAVINDRA MAITHANI
Arjun Dev – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Respondents: Mr. Mohd. Azim, Mr. Lalit Miglani.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Instant appeal is preferred against the judgment and order dated 24.06.2015 passed in Special Sessions Trial No. 14 of 2014, State vs. Arjun Dev, by the court of Sessions Judge, Pauri Garhwal. By the impugned judgment and order, the appellant has been convicted under Section 376(2)(f), 506 IPC and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012 (“the Act”) and has been sentenced as hereunder:

    (i) Under Section 376(2)(f) IPC - rigorous imprisonment for a period of ten years and a fine of Rs. 5,000/-. In default of payment of fine, imprisonment for a further period of six months.

(ii) Under Section 5/6 of the Act - rigorous imprisonment for a period of ten years and a fine of Rs. 5,000/-. In default of payment of fine, imprisonment for a further period of six months.

(iii) Under Section 506 IPC - rigorous imprisonment for a period of six months and a fine of Rs. 1,000/-. In default of payment of fine, imprisonment for a further period of fifteen days.

2. Facts necessary to appreciate the controversy, briefly stated, are as follows. The father of the victim died when she was only one and a half years old. Her mother remarried with

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