ABHINANDAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the appellant and learned counsel for the State.

(2.) This criminal appeal has been preferred against the judgment dtd. 15/12/2021 and sentence dtd. 21/12/2021 passed by learned Additional Sessions Judge VI-cum-Special Judge (POCSO Act), Purnea in connection with Special Case No.93 of 2019 (CIS No.93 of 2019) arising out of Sarsi P.S. Case No.180 of 2019 whereby and whereunder the appellant has been convicted under Sec. 376 of the I.P.C. and Sec. 4 of the POCSO Act and sentenced him for rigorous imprisonment for 14 years under Sec. 4 of the POCSO Act with a fine of Rs.50,000.00 and in default of payment of fine, the appellant has been directed to undergo additional rigorous imprisonment for three months. It has further been directed that the period of detention undergone by the appellant shall be set off against the sentence imposed and following the provision under Sec. 42 of the POCSO Act, the appellant is not liable to be punished or sentenced under Sec. 376 of the I.P.C. distinctly as he has already been sentenced for the offence under Sec. 4 of the POCSO Act. It is further ordered that fine amount shall be paid to the victim.

(3.) It has also been directed to send the copy of judgment to D.L.S.A., Purnea with recommendation for payment of compensation of Rs.5,00,000.00 to the victim of this case.