(1.) We have heard Shri Ajay Kumar Thakur, the learned advocate for the appellant and Mr. Binay Krishna, the learned Special Public Prosecutor for the State.
(2.) The appellant has been convicted under Sec. 376 (2)(N), 354B and 506 of the Indian Penal Code, Sec. 6 of the POCSO Act, 2012 and under Sec. 3 (i)(w) (i), 3(2)(v) of the SC/ST Prevention of Atrocities Act, 2015 and has been sentenced to undergo imprisonment for life, to pay a fine of Rs.50,000.00 under Sec. 376(2)(N) of the IPC, R.I. for four years, to pay a fine of Rs.20,000.00 under Sec. 354B of the IPC, R.I. for one year under Sec. 506 of the IPC, R.I. for two years to pay a fine of Rs.10,000.00 under Sec. 3(i)(w) of the SC/ST Act and in default of payment of fine, to further suffer R.I. for six months, vide judgment of conviction dtd. 21/12/2018 and consequent order of sentence dtd. 24/12/2018 passed by the learned by the learned Additional Sessions Judge -1st -cum-Special Judge, Kaimur, Bhabhua in POCSO Trial Registration No. 19 of 2016 arising out of Bhabhua (Mahila) P.S. Case No. 26 of 2016. The sentences were ordered to run concurrently.
(3.) The prosecutrix is alleged to have been raped successively by the appellant and on the night of the occurrence, about which F.I.R. has been registered, the appellant is alleged to have forced her to follow him down the rooftop but because of the intervention of the other family members, any untoward event was warded off.