Judgment On Board

Per Ramesh Sinha, C.J.

25/11/2024

1. The present is a Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 , against the impugned judgment of conviction and sentence dated 19.12.2023, passed by Learned Additional Sessions Judge, F.T.S.C., (POCSO) Dhamtari, in Special Criminal Case (POCSO) No. 26 of 2023, whereby the appellant has been convicted for the offence under Section 376(2)(j) and (n) of IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”) and has been sentenced for the offence of Section 6 of POCSO Act for R.I. for 20 years with fine of Rs. 5,000/-, in default of payment of fine further R.I. for 6 months. Since the appellant was sentenced for the offence under Section 6 of POCSO Act, no separate sentence was awarded to the appellant for the offence under Section 376(2)(j) and (n) of IPC , as provided under Section 42 of the POCSO Act.

2. The brief facts of the case are that on 10.03.2023, the prosecutrix had made a written complaint (exhibit P-1) to the police with the allegation that while working at Brickkiln at village Kamraud, she introduced with the appellant and they entangled with