SAKIR ALIAS SAKIR KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned A.P.P. for the State.

(2.) Both the criminal appeals arise out of common judgment of conviction dtd. 21/11/2019 and order of sentence dtd. 27/11/2019 and hence after being heard together, they are being disposed of by a common judgment.

(3.) By the judgment of conviction dtd. 21/11/2019 and order of sentence dtd. 27/11/2019 passed by Sri. Sanjay Kumar-I, 1 Addl. Sessions Judge-cum-Special Judge, Araria in Spl. (POCSO) No. 32/18/CIS No. 32/18 arising out of Araria Mahila P.S. case No. 68/18, the appellants, namely, Sakir @ Sakir Khan @ Jhunnu (appellant in Cr. Appeal (DB) No. 112 of 2020) and Md. Samsher Khan @ Shera @ Md. Shamsher (appellant in Cr. Appeal (DB) No. 24 of 2020) have been convicted for the offences under Sec. 376 of the Penal Code, 1860 (hereinafter referred to as 'IPC') and Sec. 4 of the POCSO Act, 2012 and have been sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.50,000.00 each under Sec. 376 IPC has been imposed and in case of default of payment of fine they have been directed to further undergo simple imprisonment of six months. The appellants have further been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs.50,000.00 each under Sec. 4 of the POCSO Act has been imposed and in case of default of payment of fine they have been directed to undergo simple imprisonment of six months. But in view of Sec. 42 of the POCSO Act, the appellants have been sentenced to undergo rigorous imprisonment for 20 years and fine of Rs.50,000.00 each under Sec. 376 IPC and in case of default of payment of fine to further undergo simple imprisonment of six months. It was further directed that the period undergone in jail custody during the trial of the convicts will be adjusted in their sentences.