ABUL KASEM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Z. Khalid, learned counsel for the appellant. Also heard Ms. S. Mere, learned Public Prosecutor and Mr. Toshi O. Longkumer, learned counsel for the Informant/respondent No. 2.

(2.) The convict/appellant, Abul Kasem invoking the provisions of Sec. 374(2) of the Cr.P.C, 1973 has preferred this appeal against the judgment and order dt. 16/3/2023 passed by the learned Special Judge (POCSO) Dimapur, Nagaland arising out Dimapur Women P.S Case No. 003/2022 in Fast Track Special Court Case No. 003/2022.

(3.) By the impugned judgment and order, the appellant was convicted under Sec. 8 of the POCSO Act 2012 read with Sec. 354/377/506 IPC. For his conviction under Sec. 8 POCSO Act, he was sentenced to undergo rigorous imprisonment for 3 years and pay a fine of Rs.2000.00 (Rupees Two thousand), in default, undergo R.I for 1 year. For his conviction under Sec. 354 IPC, he was sentenced to rigorous imprisonment for 1 year and fine of Rs.1000.00 (in default R.I for 6 months). Similarly, for his conviction under Sec. 377 IPC, he was imposed with rigorous imprisonment for 10 years and fine of Rs.5000.00 (in default R.I. for 1 year). For his conviction under Sec. 506 IPC he was sentenced to suffer rigorous imprisonment for 1 year and fine of Rs.500.00 (in default undergo S.I. for 2 months). It was directed that the sentences shall run concurrently, except the punishment and sentence under Sec. 506 IPC; he was also given the benefit of set-off under Sec. 428 CrPC.