Supreme Court · 2019 INSC 549 · Decided 22 April 2019
Kumar Ghimirey v. The State of Sikkim
- Court
- Supreme Court of India
- Citation
- 2019 INSC 549 · [2019] 6 S.C.R. 203
- Case number
- CRIMINAL APPEAL No. 719/2019
- Decided
- 22 April 2019
- Bench
- ASHOK BHUSHAN, K.M. JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 341; CrPC Section 386, 386(b), 401, 307, 386(b)(iii); POCSO Act Section 9, 10
Headnote
Protection of Children from Sexual Offences Act, 2012: ss.9/10 - Sexual assault on seven year old girl - Appellant convicted under ss.9/10 of POSCO Act and under s.341 IPC and awarded simple imprisonment for a period of 7 years and imposed fine of Rs.50,000/- and imprisonment of one conviction under s.386 Cr.P.C. before High Court - High Court though dismissed the appeal but while dismissing the appeal converted sentence under ss.9/10 of POSCO Act into sentence under s.5(m) r/w s.6 of POSCO Act and enhanced sentence from seven years to ten years with fine of Rs.5000
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