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2019 Supreme(UK) 509

ALOK SINGH, RAVINDRA MAITHANI
RAMCHANDER – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Appellant : Mr. Trilochan Pandey, Amicus Curiae
For the State :Mr. V.K. Gemini, Deputy Advocate General

JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal has been preferred against the judgment and order dated 09.05.2016 passed in Sessions Trial No.36 of 2014, State vs. Ramchander by the Fast Track Court/Special Judge (POCSO)/ Addition District and Sessions Judge, Dehradun. By the impugned judgment and order, the appellant has been convicted under Section 6 of the Prevention of Children from Sexual Offences Act, 2012 (for short the “POCSO Act") and sentenced to imprisonment for life and a fine of Rs.50,000/-. In default of payment of fine, the appellant shall undergo simple imprisonment for a further period of one month.

2. The prosecution story briefly stated is hereunder:-

On 21.06.2014 at about 06:00 in the evening, the appellant took the victim, a handicapped girl of 11 years of age, under the pretext of taking her out for play, but she did not return for about 1-2 hours. A search was made by her father, the first informant PW1, her mother PW4 and other relatives, ward members etc. Appellant was seen indulging in “galat kaam" with the victim girl. On seeing the witnesses, appellant tried to run away but he was caught. The victim was bleeding from her vagina, she was tak

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