STATE OF BIHAR Vs. ARVIND KUMAR

JUDGEMENT

(1.) The appellants in Cr. Appeal (DB) No. 218 of 2021 and Cr. Appeal (DB) No. 285 of 2021 have been convicted by the learned Additional Sessions Judge VI-cum-Special Judge, POCSO, Patna in Special POCSO Case No. 186 of 2018 (arising out of Mahila P.S. Case No. 136 of 2018 registered for the offences punishable under Ss. 376, 376 (b), 504, 506, 354(D), 120(B) of the Indian Penal Code (in short 'IPC') and Ss. 4, 6, 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act').

(2.) Learned trial court has convicted them for the offences under Ss. 376(DB) IPC and under Sec. 6 of the 'POCSO' Act read with Sec. 120(B) IPC. So far as appellant Arvind Kumar @ Raj Singhania of Cr. Appeal (DB) No. 218 of 2021 is concerned, he has been further convicted under Ss. 506 IPC.

(3.) The appellant Arvind Kumar @ Raj Singhania has been awarded capital punishment/death penalty for the offence under Sec. 376(DB) read with Sec. 120(B) of the IPC and under Sec. 6 of POCSO Act and a fine of Rs.01.00 lakh. He has been sentenced rigorous imprisonment for two years and a fine of Rs.05.00 thousand under Sec. 506 IPC. After awarding the death penalty the learned trial court has made a reference under Sec. 366 of the Code of Criminal Procedure (in short 'Cr.P.C.') to this Court for confirmation of the death penalty. The reference has been registered as Death Reference Case No. 03 of 2021 and the same is under consideration together with the two appeals.