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HIGH COURT OF JHARKHAND
ANANDA SEN, GAUTAM KUMAR CHOUDHARY, JJ
Anukaran Kandulna – Appellant
Versus
The State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. summary of case facts and initial proceedings. (Para 2 , 3 , 4) |
| 2. arguments relating to delay and witness credibility. (Para 6 , 8) |
| 3. court observations on evidence discrepancies and reliance on victim testimony. (Para 9 , 10 , 11 , 12 , 13 , 14) |
JUDGMENT
Reserved on: 22.08.2024 Pronounced On: .08.2024 Per Gautam Kumar Choudhary, J.
This appeal is preferred against judgment of conviction and sentence passed in Special (POCSO) Case No.21/2014, whereby and where under the appellant has been convicted and sentenced under Section 376 of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’).
2. As per the FIR which was lodged on 25.06.2014 by the victim girl aged 13 years, on 07.06.2014 in the evening at 6.30 she was washing clothes in the hand pump at the Aanganbari Centre in the village. Appellant in the meantime came there and committed rape by gagging her mouth with cloth. He also extended life threat to her for not disclosing the matter to anyone. She returned home and informed her family members about the incidence. Due to the threat, the case was not lodged immediately after incidence.
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