case beyond a reasonable doubt against the Appellant,
under Section 354 and Section 354B of the IPC and convicted him
accordingly. The Appellant was however ... framed charge only under
Section 10 , POCSO Act and under Section 354 IPC. This
Court taking the recourse to Section 216 which is on
alternation
Section 374B IPC, cannot be
attracted at the same time.
12. Having considered this submission, while placing the two
Sections in juxtaposition, Section 354B ... Section
7 of the Act.
13. Hence, it is clear that offences under the Section 9 of the
POCSO Act, 2012 and Section 354B
Appellant under Section 8 of the POCSO Act for the incidents of 12-
07-2013 and 14-07-2013 and under Section 354B ... above situation would tantamount to an
offence under Section 7 of the POCSO Act and Section 354B of the
IPC or did the Learned Trial
thousand),
only.
(iii) for the offence dated 29-08-2015, under Section 354B of
the IPC,, to undergo simple imprisonment for a period ... under Section 5(l) , punishable under Section 6 of the
POCSO Act, Section 376(2)(i) and (n) of the IPC and Section 354B
said date being only
under Section 5(m) / 6 of the POCSO and Section 376(2) and Section
354B of the IPC. The second ... offence of 02.12.2014 under Section 5(m) / 6 of
the POCSO read with Section 376(2) and Section 354B of the IPC,
instead finding
under Section
354B, Section 376(2)(i) , Section 376(2)(f) of the Indian Penal
Code, 1860 (hereinafter, IPC ) and Section ... Sections 5 (m) , 5 (f) , 9(m) , 9(f) of the POCSO
Act, 2012 and Sections 376(2)(i) , 376(2)(f) , 354 and 354B
investigation, charge-
sheet was submitted against the Appellant under Section 5(l)
and Section 5(p) of the POCSO Act.
6. The learned Trial Court ... Appellant under Section 5(l) of the
POCSO Act, and Section 376(2)(i)(n) of the IPC and Section
354B
against the Appellants and the CICL, under Sections 341 ,
354 and 34 of the IPC, read with Section 8 of the Protection of
Children from ... Learned Trial Court framed Charge against the
Appellants under Section 341/ 34 , Section 354B/ 34 and Section
354 / 34 of the IPC, read with Section
Jail,
Rongyek, East Sikkim).
versus
Respondent : The State of Sikkim
Application under Section 5 of
the Limitation Act, 1963
------------------------------------------------------------------------------------------
Appearance
Mr. K. T. Tamang, Advocate ... follows;
(i) That the impugned Judgment convicting the Appellant
under Sections 354B , 376(2)(i) , 376(2)(f) of the Indian
Penal Code
Section 9(m)
punishable under Section 10 of the POCSO Act, 2012 .
Since this provision covers the offences punishable
under Section 354 and Section 354B ... under Section 6 , (2) Section 9(m) punishable under Section 10 and
under (3) Sections 376AB, (4) Section 354 and (5) Section 354B
