SANJEET DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Ajay Kumar Thakur, learned Advocate for the sole appellant; Mr. Dharmendra Kumar Singh, learned Advocate for the informant (mother of victim) and Mr. Bipin Kumar, learned APP for the State.

(2.) The appellant has been convicted under Ss. 376(3) of the Indian Penal Code and Sec. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012, vide judgment dtd. 23/2/2023 passed by the learned Additional Sessions Judge-VI-cum-Special Judge POCSO Act, Nalanda, Biharsharif in POCSO/G.R. Case No. 2673 of 2018, arising out of Mahila P.S. Case No. 68 of 2018. He has but been acquitted for the charges under Ss. 365, 342, 504 and 506 of the IPC. By order dtd. 28/2/2023, curiously, the Trial Court has sentenced the appellant also for the offence under Sec. 366 of the IPC, in which there does not appear to be any recorded conviction, to undergo R.I. for seven years and a fine of Rs.10,000.00, which amount has been directed to be given to the victim. In the event of default of payment of fine, the appellant has been ordered to further suffer S.I. for six months. For the offence under Sec. 376(3) of the IPC, the appellant has been sentenced to undergo R.I. for twenty years, to pay a fine of Rs.10,000.00, which amount shall also be given to the victim. In case of default of payment of fine, the appellant would have to suffer S.I. for six months.

(3.) The sentences have been ordered to run concurrently.