(Indore Dt.03.3.2020)

Per Shailendra Shukla, J:-

The present reference and appeal arise out of judgment

dated 30.9.2019, pronounced in Special Case No.2147/2018

by the 15th A.S.J. and Special Judge, Indore whereby,

--2-- CRRFC No.12/2019 & CRA. No.8818/2019

appellant – Honey @ Kakku has been convicted for the

offence punishable under Sections 363, 366, 376AB, 302,

201, 376A of IPC and under Section 5(n) read with Section 6

of POCSO Act. The accused has not been sentenced

separately under Section 5(n) read with Section 6 of POCSO

Act, in view of Section 42 of POCSO Act which provides for

sentencing under the provisions of IPC, if such provision

provides for stiffer sentence and therefore was sentenced

under Section 376AB in place of Section 5(n) read with

Section (6) of POCSO Act. Ultimately, the appellant has been

sentenced under various provisions as under :-

Provision of IPC

Sentence

Section 363 IPC

5 years RI with fine of Rs.2000/-. In default

of payment of fine 2 months additional RI.

Section 366 of IPC 7 years RI with fine of Rs.3000/-. In default

of payment of