LAWS(PAT)-2024-6-16

RAMESHWAR SADA Vs. STATE OF BIHAR

Decided On June 20, 2024
Rameshwar Sada Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Code') challenging the judgment of conviction dtd. 17/2/2020 and order of sentence dtd. 25/2/2020 passed by learned Additional District and Sessions Judge-Ist, Supaul in POCSO 08/2018 (CIS-04/2018), arising out of Mahila P.S. Case No. 30 of 2018, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Sec. 376(D)/341/323 of the Indian Penal Code (hereinafter referred as the I.P.C.) and Sec. 4/6 of the POCSO Act and sentenced him to undergo R.I. for 1 month under Sec. 341 of the I.P.C., R.I. for 1 year under Sec. 323 of the I.P.C., R.I. for life till his last breath under Sec. 376(D) of I.P.C. and a fine of Rs.1.00 lakh and no sentence under Ss. 4/6 of the POCSO Act has been passed because severe punishment has been awarded under I.P.C.

(2.) The prosecution case, in a nutshell, is as under:-

(3.) Heard Mr. Arun, learned counsel for the appellant assisted by Mr. Anjani Parashar, Ms. Kanika and Mr. Dhananjay Kumar Tiwary and Mr. Bipin Kumar, learned A.P.P. for the Respondent-State.