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CRJA/123/2023
2023 Latest Caselaw 2668 UK

Citation : 2023 Latest Caselaw 2668 UK
Judgement Date : 12 September, 2023

Uttarakhand High Court
CRJA/123/2023 on 12 September, 2023
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                            COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRJA No.123 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Maneesh Bisht, learned counsel for the appellant.

2. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Joshi, learned Brief Holder for the State.

Exemption Application (IA No.1 of 2023)

3. The application seeking exemption from the requirement of filing of affidavit in support of his application is not opposed by learned counsel for the State.

4. For the reasons indicated in the exemption application, the same is allowed. CRLA No.123 of 2023

5. This is a criminal jail appeal filed under Section 374 (2) Cr.P.C., challenging judgment and order dated 10.07.2023, passed by learned Special Sessions Judge, Uttarkashi in Special Sessions Trial No.41 of 2020, whereby appellant has been convicted for offence punishable under Section 376 (2)(n) IPC and Section 5 r/w Section 6 of POCSO Act, 2012, but he was only sentenced to undergo twenty years' rigorous imprisonment with a fine of ₹60,000/- under Section 5/6 of POCSO Act, 2012 and in default of making payment of fine, he was directed to undergo one year's additional simple imprisonment.

6. As per office report, the appeal is well within time.

7. Admit.

8. L.C.R. be summoned.

9. List this case on 23.11.2023.

10. Objection to the bail application be filed, in the meantime.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 12.09.2023 SK

 
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