MUKESH KUMAR SAHGAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since both these appeals arise from a common judgment and order, they are being heard and decided together.

(2.) These appeals have been preferred against the judgment and order dtd. 16/10/2018, passed in Special Sessions Trial No. 23 of 2018, State vs. Mukesh Kumar Sahgal and another, by the court of Special Judge (POCSO), Almora. By the impugned judgment and order, the appellant Mukesh Kumar Sahgal has been convicted under Ss. 354-A and 376(2) IPC and Sec. 5 r/w 6 of the Protection of Children from Sexual Offences Act, 2012 ("the POCSO Act"). But, in view of Sec. 42 of the POCSO Act, the appellant Mukesh Kumar Sahgal has been sentenced under Sec. 376(2) IPC to imprisonment for life, which means imprisonment for the remainder of the convicts' natural life with a fine of Rs.50,000.00. The appellant Mukesh Kumar Sahgal has further been convicted under Sec. 67A of the Information Technology Act, 2000 (I.T. Act) and sentenced to five years imprisonment along with a fine of Rs.50,000.00. The appellant Daya Shelakoti has been convicted under Sec. 323, 504 IPC and under Sec. 21(2) of the POCSO Act. She has been sentenced as below:-

(3.) The prosecution case briefly stated is as follows:-