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HIGH COURT OF HIMACHAL PRADESH
Tarlok Singh Chauhan, Mr. Justice Virender Singh, JJ
Mukesh Kumar – Appellant
Versus
State of H.P. – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Jagan Nath, Advocate
For the Respondents: Mr. Ajay Vaidya, Sr. Addl. A.G with Mr. Vinod Thakur, Addl. A.G., Mr. Bhupinder Thakur, Dy. A.G and Mr. Rajat Chauhan, Law Officer

Virender Singh, Judge

Appellant Mukesh Kumar has filed the present appeal under Section 374 of the Code of Criminal Procedure against the judgment of conviction/order of sentence dated 18.10.2021 passed by the learned Special Judge, Fast Track Court (POCSO), Mandi, District Mandi, H.P. (hereinafter referred to as the ‘learned trial Court’).

2. By way of the judgment of conviction and order of sentence, as referred to hereinabove, the learned trial Court has convicted the appellant (hereinafter referred to as the ‘accused’) for the commission of offence punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months under Section 376 IPC and imprisonment for seven years and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo imprisonment for six months under Section 4 of the POCSO Act. The learned trial Court has also ordered that both the senten

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