MUKESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both these appeals have been directed against the judgment and order dated 30.01.2017/01.02.2017 passed in Special Sessions Trial No. 65 of 2016, State Vs. Mukesh and another, by learned FTC/Additional Sessions Judge/Special Judge, POCSO, Rudrapur, District Udham Singh Nagar. By the impugned judgment and order appellant Mukesh has been acquitted of the charges under Section 363, 366, 342, 376A and 506 IPC but he has been convicted under Section 302, 376 (2) IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act") and sentenced under Section 302 and 376 (2) IPC as hereunder:

(2.) Since common question of law and facts are involved in both these appeals, therefore, the same are being taken up together and decided by this common judgment.

(3.) The story as unfolded by the prosecution, briefly stated, is as hereunder: