AMAR GOSAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 20/7/2015 and order of sentence dtd. 23/7/2015 passed by learned 1st Additional Sessions Judge-cum-Special Judge, Madhubani in G.R. No. 458/14, T.R. No. 4/14 arising out of Khirahar P.S. Case No. 14/ 14, whereby the sole appellant has been held guilty for the offences punishable under Ss. 376(2)(i) and 323 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act') and has been sentenced to undergo rigorous imprisonment for 14 years, to pay a fine of Rs.10,000.00 under Sec. 376(2)(i) of the I.P.C; rigorous imprisonment for six months under Sec. 323 of the I.P.C; and rigorous imprisonment for 14 years and fine of Rs.10,000.00 under Sec. 6 of the POCSO Act, 2012. In default of payment of fine, the appellant has been directed to suffer further nine months simple imprisonment. The sentences though have been ordered to run concurrently.

(2.) The names of the victim and PWs-3, 4, 6 and 9 (who are informant's sister, mother, grand-father and father, respectively) have been concealed in the judgment to protect their prestige and dignity.

(3.) According to fardbeyan (Ext. 6) of informant (PW-1), the occurrence took place on 19/2/2014 at about 4:00 PM for which fardbeyan was recorded by S.I. Ramchandra Mandal, S.H.O. of Khirhar police station on 20/2/2014 at 11:30 hours at Sadar Hospital, Madhubani whereafter the FIR was registered.