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2022 Supreme(UK) 70

RAVINDRA MAITHANI
Joni – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Bharat Singh.
For the Respondent: Mr. Lalit Miglani.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Present appeal is preferred against the judgment and order dated 07.01.2020/09.01.2020, passed in Special Sessions Trial No. 95 of 2017, State vs. Joni, by the court of FTC/Additional Sessions Judge/Special Judge POCSO, Haridwar, District Haridwar (for short, “the case”). By the impugned judgment and order, the appellant has been acquitted of the charge under Section 366 A IPC. He has been convicted under Sections 363, 376 IPC and Sections 3 (a)/4, 5(j)(ii)/6 of Protection of Children From Sexual Offences Act, 2012 (for short “the POCSO Act”) and sentenced as hereunder:

    “(i) Under Section 363 IPC, rigorous imprisonment for a period of three years and a fine of Rs. 20,000/-. In default of payment of fine to undergo simple imprisonment for a further period of one month.

(ii) Under Section 376 IPC, rigorous imprisonment for a period of ten years and a fine of Rs. 20,000/-. In default of payment of fine to undergo simple imprisonment for a further period of one month.

(iii) Under Section 3(a)/4 of the POCSO Act, rigorous imprisonment for a period of ten years and a fine of Rs. 20,000/-. In default of payment of fine to undergo simple imprisonment for a fu

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