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2020 Supreme(Tri) 5

AKIL ABDUL HAMID KURESHI, ARINDAM LODH
Narayan Debnath – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant :R.G. Chakraborty and S. Chakraborty, Advocates
For the Respondents: S. Ghosh, Addl. P.P.

JUDGMENT :

Arindam Lodh, J.

1. In impugnment, is the judgment and order of conviction and sentence dated 27.06.2019 respectively, passed by the learned Special Judge(POCSO), Sepahijala Judicial District, Bishalgarh, in case No. Special POCSO 10 of 2016, whereby and whereunder the appellant has been convicted under Section 376(2)(i) of IPC and Section 4 of the POCSO Act, and sentenced him to suffer RI for 10 years and to pay a fine of Rs. 10,000/-, in default of payment of fine to suffer further imprisonment of 6(six) months, and further sentenced him to suffer RI for 10 years under Section 4 of the POCSO Act and to pay a fine of Rs. 10,000/-, in default of payment of fine to undergo further imprisonment for 6(six) months. It was directed that both the sentences shall run concurrently.

2. The prosecution case, in a nutshell, is that on 07.12.2015, at about 6 a.m., the victim girl(here in after referred to as "victim" or "girl", according to the context) who was aged about 8 years and was a student of class-II, was waiting for the vehicle near the shop of the accused, Narayan Debnath at Kenania to go to her school, and at that time she went to the shop of the convict-appellant to purch

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