GAUHATI HIGH COURT
Raju Sonar – Appellant
Versus
THE STATE OF AP and Anr. – Respondent
JUDGMENT & ORDER
[Manish Choudhury, J]
Both the criminal appeals from Jail are directed against a Judgment dated 08.10.2018 and an Order on Sentence dated 09.11.2018 passed by the Court of learned Special Judge [POCSO], West Sessions Division, Papum Pare District, Arunachal Pradesh [‘the Special Court’, for short] in Sessions Case no. 221/2013 [YPA]. By the Judgment dated 08.10.2018, the Special Court has convicted both the accused-appellants, that is, [i] Raju Sonar [hereinafter also referred to as ‘the accused-appellant no. 1’ or ‘the appellant no. 1’ or ‘the accused no. 1’ or ‘A-1’ at places, for easy reference]; and [ii] Budhey Rai [hereinafter also referred to as ‘the accused-appellant no. 2’ or ‘the appellant no. 2’ or the accused no. 2’ or ‘A-2’, at places, for easy reference]; for the offence under Section 376D, Indian Penal Code [IPC]. By the Order on Sentence dated 09.11.2018, both the accused-appellants have been sentenced to undergo imprisonment for twenty years each and to pay a fine of Rs. 20,000/- each, in default of payment of fine, to undergo further rigorous imprisonment for one year each.
It was on 19.09.2013, a First Information Report [FIR] was registered at th
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