BIRENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the sole appellant under Sec. 374(2) of the Code of Criminal Procedure, 1973 (CrPC for short), putting to challenge a judgment of conviction dtd. 10/12/2021 and the order of sentence dtd. 17/12/2021, passed by the learned Additional Sessions Judge-V1th-cum-Special Judge, POCSO Act, Kaimur at Bhabhua, in POCSO Case No. 2693 of 2016, Registration No. 28-A of 2016 arising out of Adhaura P.S. Case No. 57 of 2016, whereby the appellant has been convicted and sentenced as under: <FRM>JUDGEMENT_39_LAWS(PAT)12_2023_1.html</FRM>

(2.) All the sentences have been ordered to run concurrently.

(3.) The victim (PW-1) was the informant of the concerned Adhaura P.S. Case No. 57 of 2016, disclosing commission of offences punishable under Sec. 376D of the Indian Penal Code (IPC in short) and Ss. 4, 6, 8 and 10 of the POCSO Act claiming her age to be 15 years. The victim in her written report, addressed to the S.H.O. of the concerned Police Station dtd. 24/10/2016, alleged that on 23/10/2016 at about 3:00 PM, when she had taken cattle for grazing in Karaki forest, two persons, i.e., this appellant and co-accused Jagdish Paswan came and both of them committed rape upon her, one by one.