VIJAY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Senior Advocate Mrs. Pushpa Joshi, assisted by Mrs. Chetna Latwal, Advocate for the appellant and Mr. Subhash Tyagi Bhardwaj, Deputy Advocate General on the present second bail application. The first bail application was rejected on 16/3/2020 as not pressed.

(2.) The present bail application has been filed against the judgment and order dtd. 7/5/2019/8/5/2019 passed by the learned FTC/Additional Sessions Judge/Special Judge, POCSO, Haridwar in Special Sessions Trial No.87 of 2019, State vs. Vijay, by which the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs.20,000.00 for the offence punishable under Sec. 506 of the Indian Penal Code (in short IPC); he has been convicted for the offence punishable under Sec. 376(2) and Sec. 5/6 of the Protection of Children from Sexual Offence Act, 2012 (for short POCSO). In view of Sec. 42 of the said Act, 2012, the appellant has been sentenced to undergo for imprisonment for life alongwith a fine of Rs.3,00,000.00 for the offences under Sec. 6 of the said Act of 2002.

(3.) According to the prosecution case, the appellant, the son of the brother-in-law of the brother of the victim's father, had committed aggregated penetrative sexual assault on the victim, about 14 years of age, and due to the said sexual on the victim, gave birth to a baby.