DILIP RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the above stated criminal appeals have arisen out of common judgment dtd. 7/12/2021 and sentence order dtd. 14/12/2021 passed by learned Additional Sessions Judge VI-cum-Exclusive Special Judge (POCSO), Saran at Chapra. In all, two accused were prosecuted for the commission of alleged offences under Sec. 6 of the POCSO Act and Sec. 323/34, 341/34 and 376(D) of the Indian Penal Code for wrongfully restraining the prosecutrix and then committing rape on her. The trial court after appreciation of the evidence on record found both the accused guilty for commission of the above-said offences and convicted them as under:-

(2.) Being aggrieved by the judgment and order of conviction recorded by the Additional Sessions Judge VI-cumExclusive Special Judge (POCSO), Saran at Chapra dtd. 7/12/2021 and 14/12/2021 respectively, the present appeals are filed by the appellants who are the accused in S.T. POCSO No. 28 of 2020 which arose out of Dighwara PS Case No. 72 of 2020.

(3.) A thumbnail sketch of the instant case is as follows:-