RINKU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prayogendra Pal, learned counsel for the appellant, Ms. Ruchi Srivastava, Advocate, holding brief of Ms. Archana Singh, learned counsel for the informant and learned A.G.A. for the State.

(2.) This criminal appeal has been instituted against the judgement and order dtd. 30/11/2019 passed by Special Court (POCSO Act)/Additional Sessions Judge, Court No. 3, Bulandshahr in Special Case No. 74 of 2017 (State of U.P. Vs. Rinku @ Prempal) arising out of Case Crime No. 447 of 2016 u/s 363, 366, 376 I.P.C. and Sec. 4 of POCSO Act, P.S.- Aurangabad, District- Bulandshahr.

(3.) By the impugned order, the trial court has convicted the appellant-accused Rinku alias Prempal under Ss. 354-B, 363, 366 I.P.C. and Sec. 8 POCSO Act and sentenced the appellant-accused, Rinku @ Prempal u/s 366 I.P.C. to undergo 7 years imprisonment and a fine of Rs.2,000.00 with default stipulation. The trial court has also convicted the appellant-accused u/s 8 of POCSO Act and sentenced him to undergo 5 years imprisonment and a fine of Rs.2,000.00 with default stipulation. The trial court has acquitted the appellant-accused u/s 376 I.P.C. and Sec. 4 of POCSO Act. There is no criminal appeal filed by the State or victim against acquittal of appellant-accused u/s 376 I.P.C. and Sec. 4 of POCSO Act. Thus, the trial court's order acquitting the accused under these Sec. has become final.