STATE OF BIHAR Vs. TASLIM

JUDGEMENT

(1.) Though the appellant has given full description in the appeal, it would be inappropriate to disclose his identity in view of the statutory provisions prescribed under Sec. 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015'). He is being referred to in the cause title as Taslim. Similarly, the name of the victim, a minor girl, aged 4 years and her mother is also changed as Nazia and Nargis because name and identity of victims of rape and sexual assault cannot be discussed even in a remotest manner.

(2.) Registry while uploading the order on the website shall also ensure that the cause title is reflected in the similar manner.

(3.) The sole appellant Taslim has been convicted for the offences punishable under Ss. 363, 376AB, 302, 201 of the Indian Penal Code (for short 'IPC') as well as 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') by the learned Additional Sessions Judge-cum-Special Judge, Siwan (hereinafter referred to as 'Trial Court') in G.R. Case No. 4949 of 2018 corresponding to Trial (POCSO) No. 104 of 2019 arising out of Barharia PS. Case No. 274 of 2018 vide judgment dtd. 24/4/2019. Consequently, vide order dtd. 8/5/2019, he has been sentenced to death for the offences punishable under Sec. 376-AB of the IPC Rigorous Imprisonment for life and a fine of Rs.25,000.00 for the offence punishable under Sec. 302 of the IPC and in default of payment of fine to further undergo further imprisonment for a period of six months, Rigorous Imprisonment for five years and a fine of Rs.1,000.00 for the offence punishable under Sec. 201 of the IPC and in default of payment of fine to further undergo imprisonment for a further period of one month, Rigorous Imprisonment for five years and a fine of Rs.1,000.00 for the offence punishable under Sec. 363 of the IPC and in default of payment of fine to further undergo imprisonment for a period of one month, Rigorous Imprisonment for five years and a fine of Rs.1,000.00 for the offence punishable under Sec. 10 of the POCSO Act and in default of payment of fine, to further undergo imprisonment for a period of one month. The Trial Court has directed that all the sentences shall run concurrently.