MD. PERWEZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned Amicus Curiae Mr. Siddharth Harsh appearing for the appellant and learned APP Mrs. Anita Kumari Singh for the State are present and they are heard on the merit of this appeal.

(2.) The instant appeal has been filed by the sole appellant Md. Parwez against the judgment of conviction dtd. 22/3/2017 and order of sentence dtd. 25/3/2017 passed by the Additional Sessions Judge-I-cum- Special Judge (POCSO), Bhagalpur in G.R. Case No. 2040/14 arising out of Shahkund P.S. Case No. 89/14.

(3.) The appellant stood charged for the offences punishable under Sec. 354B of the Indian Penal Code (hereinafter referred as "IPC") and Sec. 8 of POCSO Act and the learned Trial Court convicted him for both the said offences and sentenced him to undergo rigorous imprisonment for four years for the offence punishable under Sec. 354B of IPC and a fine of Rs.5,000.00 was also imposed upon him for the said offence and he was directed to further undergo additional imprisonment for three months in case of non payment of the fine. No sentence was awarded upon the appellant by the Trial Court for the offence under Sec. 8 of POCSO Act in view of the provisions of Sec. 42 of POCSO Act.