BHARAT THAPA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The criminal appeal is directed against the judgment and order dtd. 6/11/2023 passed by the Special Sessions Judge (POCSO)/Additional District Judge, Dehradun in Special Sessions Trial No.102 of 2021, "State vs. Bharat Thapa", whereby the appellant/convicted has been convicted under Sec. 363 of IPC and has been sentenced to undergo three years rigorous imprisonment with fine of Rs.10,000.00.

(2.) Counsel for the appellant would submit that the prosecutrix was examined as PW1 in the trial court and she has specifically stated in her testimony in the examination in chief she had left her home with her own volition due to fear of her parents and the appellant/convict had not done any wrong with her.

(3.) The appeal is admitted for hearing.