CRLA/578/2023
2023 Latest Caselaw 2628 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRLA No. 578 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

(1) Mr. Mukul Dangi, learned counsel for the appellant.

(2) Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand.

(3) This appeal is filed under Section 374(2) of Cr.P.C. against the judgment and order dated 18.07.2023 rendered by learned Special Sessions Judge, Pithoragarh in Special Sessions Trial No. 34 of 2021, whereby appellant has been convicted under Sections 363, 366A & 376(2)(n) of I.P.C. and Section 5/6 of POCSO Act. He has been directed to undergo seven years imprisonment under Section 363 I.P.C. with fine of ₹10,000/- and, in default of payment of fine, he was sentenced to undergo further one year rigorous imprisonment; he has also been sentenced to undergo rigorous imprisonment for ten years under Section 366A I.P.C. with fine of ₹20,000/- and, in default of payment of fine, he was sentenced to undergo further two months additional imprisonment; he has also been sentenced to undergo rigorous imprisonment for ten years under Section 376(2)(n) I.P.C. with fine of ₹50,000/- and, in default of payment of fine, he was sentenced to undergo further five years rigorous imprisonment. It was directed that all the sentences shall run concurrently.

(4) As per Office Report, appeal is filed within time.

(6)     Admit.

(7)     Summon the lower court record.

(8)     List this case on 08.11.2023.

(9) In the meantime, State Counsel shall file objection to the bail application (IA No. 1 of 2023).

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 05.09.2023

Aswal