CRJA/48/2023
2023 Latest Caselaw 1109 UK

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      24.04.2023                        CRJA No.48 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Present Jail Appeal has been received through the Superintendent of District Jail, Chamoli.

2. The said Jail Appeal has been filed against the judgment dated 15.02.2023, passed by learned Special Sessions Judge, Chamoli, (Gopeshwar) in Special Sessions Trial No. 2 of 2020, "State of Uttarakhand Vs. Sanjay Kumar", by which, the appellant has been convicted for the offence punishable under Section 363, 366-A, 376 of the Indian Penal Code, 1860 (in short "IPC") and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (in short "Act, 2012") , and, in view of Section 42 of the said Act, 2012, the appellant has been sentenced to undergo rigorous imprisonment for a period of five years along with a fine of `5,000/- for the offence punishable under Section 363 IPC. He has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of `5,000/- for the offence punishable under Section 366-A IPC, and, he has been further sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of `50,000/- for the offence under Section 3/4 of the Act, 2012, with default imprisonment. All the sentences have been directed to run concurrently.

3. Mr. Pankaj Joshi, learned Brief Holder for the State.

4. Mr. T.A. Khan, learned Senior Advocate is appointed Amicus Curiae to assist the Court.

5. Admit.

6. Summon the Lower Court Record.

List on 13.07.2023.

(Alok Kumar Verma, J.) 24.04.2023 Shubham