BIR BAHADUR KUSHWAHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal is filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') wherein the sole appellant-convict has assailed the judgment of conviction dtd. 10/1/2019 and order of sentence dtd. 21/1/2019, rendered by learned 1st Additional Sessions Judge, Bhojpur, Ara in POCSO Case No.16/2017, arising out of Jagdishpur P.S. Case No.241/2017, whereby appellant Bir Bahadur Kushwaha has been convicted for the offences punishable under Sec. 376 of the Indian Penal Code as well as Sec. 4 of the POCSO Act and sentenced to undergo imprisonment for life under Sec. 4 of the POCSO Act and to pay a fine of Rs.25,000.00 and in default of payment of fine, appellant Bir Bahadur Kushwaha has to undergo SI for six months. The appellant is not sentenced separately for the offence of Sec. 376 of the Indian Penal Code.

(2.) Brief facts, leading to filing of the present appeals, are as under:-

(3.) During course of trial, the prosecution had examined 7 witnesses, namely, P.W.-1, Puja Kumari, P.W.-2, Birendra Singh, P.W.-3, Urmila Devi, P.W.-4, Noor Sultana, P.W.-5, Dr. Shazia Badar, P.W.-6, Guddu Kumar and P.W.-7, Krishna Yadav. Documentary evidence was also produced before the Trial Court. Thereafter further statement of the accused under Sec. 313 of the Code came to be recorded. After conclusion of the trial, the Trial Court convicted the present appellant for the aforesaid offences as stated hereinabove.