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2022 Supreme(Megh) 216

SANJIB BANERJEE, WANLURA DIENGDOH
Trimborilin Kharbani – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
P. Yobin, Legal Aid Counsel, for the Appellant; S. Sengupta, Addl. PP, for the Respondents

JUDGMENT

Sanjib Banerjee, CJ. - The appellant assails a judgment of conviction of December 21, 2018 that found him guilty under Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 and the resultant punishment. The appellant has been sentenced to suffer imprisonment for ten years and to pay a fine of Rs. 20,000/-. In default of payment of the fine, the appellant has to undergo an additional year of imprisonment.

2. In seeking to question the propriety of the impugned judgment of conviction, the appellant submits that the only basis for the conviction is the statement of the alleged victim as there was no witness and the only attempt at corroboration of the incident is through the self-serving statements of the close relatives of the alleged victim. The appellant seeks to point out that in course of his response to the questions put to him by the trial court under Section 313 of the Code of Criminal Procedure, 1973, the appellant had made out a case that there was considerable enmity between the father of the alleged victim and the appellant since the appellant had tried to dissuade the father of the alleged victim from continuing an extra-mari

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