SAKINDAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsels for the appellants and learned counsel for the State. Patna High Court CR. APP (DB) No.945 of 2017 dt.14/7/2023

(2.) The criminal appeals arise out of common judgment of conviction and the order of sentence, hence they have been heard together and are being disposed of by this common judgment.

(3.) Both the criminal appeals have been preferred against the judgment of conviction and the order of sentence dtd. 29/6/2017 passed by Shri Rajesh Kumar, Additional Sessions Judge 1st, Jamui in Sessions Trial No.247 of 2015 corresponding to POCSO case No.16 of 2015 arising out of Malaypur P.S. case No.34 of 2014, whereby and whereunder the appellant Sakindar Yadav has been convicted under Ss. 376(D), 201 and 120(B) of the Indian Penal Code (referred to 'I.P.C.') and Sec. 4 of the POCSO Act and appellant Dr. Nagendra Kumar has been convicted under Sec. 201 of the I.P.C. Appellant Sakindar Yadav has been sentenced to undergo 20 years rigorous imprisonment with fine of Rs.50,000.00 for the offence under Sec. 376(D) of the I.P.C. and in default of payment of fine, additional imprisonment for one year and has been sentenced to undergo 3 years rigorous imprisonment for the offence under Sec. 201 of the I.P.C. and has been sentenced to undergo life imprisonment with fine of Rs.50,000.00 for the offence under Sec. 4 of the POCSO Act and in default of payment of fine, additional imprisonment for one year. No separate sentence has been awarded to the appellant Sakindar Patna High Court CR. APP (DB) No.945 of 2017 dt.14/7/2023 Yadav under Sec. 120B of the I.P.C. All the sentences of the appellant Sakindar Yadav have been directed to run concurrently. Appellant Dr. Nagendra Kumar has been sentenced to undergo rigorous imprisonment for 3 years with fine of Rs.20,000.00 for the offence under Sec. 201 of the I.P.C. and in default of payment of fine, additional imprisonment for six months.