RAHUL DEV MANDAL Vs. STATE

JUDGEMENT

(1.) The appellant has instituted the present appeal assailing the judgment of conviction dated 01.06.2015 and order on sentence dated 06.06.2015, passed by Addl. Sessions Judge in FIR No. 201/2013, registered under Sections 363/366/376 IPC and 4 POCSO Act, 2012 P.S. Chankyapuri whereby the appellant was convicted for the offence under Section 376 IPC and Section 4 POCSO Act, 2012 and was sentenced to undergo RI 10 years and to pay a fine of Rs. 10,000/- under Section 376 IPC, in default whereof to undergo SI for 8 months.

(2.) The brief facts as noted by the trial court are reproduced herein below:-

(3.) Initially, the appellant could not be traced and later came to be arrested on 15.01.2014 from his native village. After completing the investigation, the charge-sheet was filed under Sections 363/366A/376 IPC and Sections 4 & 6 POCSO Act, 2012. The trial court framed the charges under Sections 363/366/376 IPC and Section 4 POCSO Act, 2012, to which appellant pleaded not guilty and claimed trial. In support of its case, the prosecution examined total of 10 witnesses during trial.