TaxTMI 
TaxTMI 
2022 (3) TMI 1628
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....d order dated 07.12.2017 passed by the High Court of Uttarakhand at Nainital in Government Appeal No. 139 of 2016. 2. The case of the prosecution as set out in the judgment under appeal was as under: 2. The case of the prosecution, in a nutshell, is that at 11:00 AM, S.I. Manju Pandey, In-charge Human Trafficking Unit Shadra Bairaj, Banbasa along with other police officials reached at Sharda Bairaj near Indo-Nepal border towards eastern side to check the illicit human trafficking. One volunteer namely Meera Sauda was also with them. They were checking the people coming from Nepal border. At about 13:30 hours, a secret information was received that an Indian boy was trying to import a minor girl of Nepal origin for the purpose of....
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....e that she was going to Banbasa for shopping. He started walking ahead. He told her that he would see her after some distance. Thereafter, they searched the boy. They reached near canal gate. The boy was standing near the tree facing towards bridge. "X X X" recognized the boy and told that he was the same boy, who has enticed her to come from Nepal. The boy was arrested. He disclosed his name Sartaj Khan, S/o Sardar Khan, R/o Mohalla Bhure Khan, P.S. Khakhra, District Pilibhit, Uttar Pradesh. He was aged 30 years. He admitted his guilt. The Respondent and girl were brought to the office for counseling. Other police officials also reached the spot. It was, prima facie, found that the boy had brought the girl to India for exploitation. The pe....
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....t. We all were carrying out checking. The gate for the entry to Nepal was closed. It was about 1:00 or 1½ pm. It was day time. We reached a little towards Nepal. Some person came to meet Manju Pandey and told that one girl is standing near the cart. We all went near to the said chaat stall. The chaat cart was in front towards of the custom office. I know Nepalese language. One girl about 14-15 years old was standing near the chaat cart. When I asked the name and address of the said girl in Nepalese language then she told her name is "X X X" and she is resident of Koteshwar, Kathmandu. And she told that on 10.04.2015 she was coming to Lamki in a bus from Kathmandu (Nepal) to meet her uncle and when she reached Atariya she was....
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.... put our signatures on it. It is marked as Exhibit Ka-1 on the record. it is verified by me today. Thereafter the lady sub inspector prepared the memo of recovery of the prosecutrix and memo of arrest of the Accused after arresting the Accused. It was signed by the policemen and the people who were present at the time of the counselling. It is identified by me today. It is marked as exhibit Ka-2. The CO did not sign it. Manju Pandey had searched the Accused. And she sealed the articles such as mobile etc. which was recovered from him. Thereafter we went to police station Banbasa along with the prosecutrix and the Accused with policemen. The sub inspector got the report registered and handed over the prosecutrix and the Accused to t....
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....ed. Allowing the appeal vide its judgment under appeal, the High Court set-aside the order of acquittal and convicted the Appellant of the offences punishable Under Sections 363, 366-B, 370(4) and 506 of the Indian Penal Code, and Under Section 8 of the POCSO Act. He was awarded substantive sentence of 7 years imprisonment under the first, imprisonment for 10 years under the second, imprisonment for 10 years under the third, and, imprisonment for one year under the fourth count of the offences punishable under the Indian Penal Code. In respect of the offence punishable Under Section 8 of the POCSO Act, he was awarded imprisonment for three years. All the sentences were to run concurrently. 8. Being aggrieved, the instant appeal has been ....
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.... Provided that, notwithstanding anything in any of the preceding Sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. 13. In terms of Section 188, even if an offence is committed outside India, (a) by a citizen whether on the high seas or anywhere else or (b) by a non-citizen on a ship or aircraft registered in India, the offence can still be tried in India provided the conditions mentioned in said Section are satisfied. The Section gets attracted when the entirety of the offence is committed outside India; and the grant of sanction would enable such offence to be enquired into or tried in India. 14. As the facts and circumstances of the ca....