LAWS(PAT)-2023-6-41

HASSAN SARWAR Vs. STATE OF BIHAR

Decided On June 21, 2023
Hassan Sarwar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Iqbal Asif Niazi, learned counsel for the appellant and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State.

(2.) The present appeal has been preferred by the sole appellant assailing the impugned judgment of conviction dtd. 11/4/2016 and order of sentence dtd. 12/4/2016 respectively passed by learned 1st Additional Sessions Judge, Darbhanga in Sessions Trial No. 306 of 2013, arising out of Simri P.S. Case No. 28 of 2013 whereby the appellant has been held guilty and convicted under Ss. 376, 302 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for charge under Sec. 302 of the Indian Penal Code and to pay fine of Rs.20,000.00(twenty thousand) and in default of payment of fine to undergo R.I. for five years. Further sentenced to undergo for ten years for the charge under Sec. 376 of the Indian Penal Code and to pay fine of Rs.10,000.00(ten thousand) and in default of payment of fine to undergo R.I. for three years. The appellant further sentenced to undergo R.I. for seven years under Sec. 201 of the Indian Penal Code and to pay fine of Rs.5,000.00(five thousand) and in default of payment of fine to undergo R.I. for two years. However, all the sentences referred above were directed to run concurrently.

(3.) As per the mandate of not disclosing identities of the victims of sexual offences under Sec. 228A of the Indian Penal Code, which ought to be observed even by this Court also, we are referring the name of the victim as 'X' or deceased or victim girl.