LAWS(PAT)-2023-12-33

SUNIL KUMAR Vs. STATE OF BIHAR

Decided On December 13, 2023
SUNIL KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Both these appeals (three appellants in all) have been heard together and are being disposed off by this common judgment.

(2.) We have heard Mr. Arvind Kumar Pandey, learned Advocate for the appellants/Sunil Kumar @ Sunil Yadav @ Sunil Kumar Yadav and Bhola Singh @ Bhola Yadav in Criminal Appeal (DB) No. 699 of 2023 and Mr. Bachan Jee Ojha, learned Advocate for the appellant/Chhotu Yadav @ Rama Shankar Yadav in Criminal Appeal (DB) No. 639 of 2023. The State has been represented by Mr. Binod Bihari Singh, learned APP.

(3.) All the appellants have been convicted under Ss. 363, 366A and 376D/34 of the Indian Penal Code and Sec. 6(1) of the Protection of Children from Sexual Offences Act, 2012, vide judgment dtd. 18/5/2023 passed by the learned Additional Sessions Judge-VI-cum-Special Judge POCSO Court, Buxar, in POCSO Case No. 13 of 2015, C.I.S. No. 87 of 2018, arising out of Nawanagar (Vasudeva O.P.) P.S. Case No. 221 of 2014. By order dtd. 25/5/2023, they have been sentenced to undergo R.I. for seven years each, to pay a fine of Rs.10,000.00 each and in default of payment of fine, to further suffer S.I. for three months, each for the offences under Ss. 363/34 and 366A/34 of IPC and to undergo R.I. for twenty years each, to pay a fine of Rs.20,000.00 each and in default of payment of fine, to further suffer S.I. for six months, each for the offences under Sec. 376D of IPC and Sec. 6(1) of the POCSO Act, 2012.