RAMESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant, learned APP for the State and learned counsel for the informant.

(2.) The appeal has been filed against the judgment of conviction dtd. 18/11/2021 and order of sentence dtd. 15/12/2021 passed by learned Additional Sessions Judge-VI-cum-Special Judge POCSO, Siwan, in connection with Special POCSO Case No. 73/2019 arising out of Siwan Mahila P.S. Case No. 08 of 2018, whereby and whereunder the appellant has been convicted for the offences punishable under Sec. 376 of the Indian Penal Code (hereinafter referred to as IPC) and Sec. (s) 4 and 8 of Protection of Children from Sexual Offences Act (hereinafter referred to as POCSO Act) and sentenced to undergo rigorous imprisonment for 10 (ten) years for the offence punishable under Sec. 376 of IPC with a fine of Rs.10,000.00 and in default of payment of fine, to further suffer 6 (six) months of rigorous imprisonment and to undergo rigorous imprisonment for 7 (seven) years for the offence punishable under Sec. 4 of POCSO Act with a fine of Rs.5,000.00 and in default of payment of fine, to further suffer 3 (three) months of rigorous imprisonment and to undergo rigorous imprisonment for 3 (three) years for the offence punishable under Sec. 8 of POCSO Act with a fine of Rs.5,000.00 and in default of payment of fine, to further suffer 3 (three) months of rigorous imprisonment and all the sentences have been directed to run concurrently.

(3.) The appellant Ramesh Yadav has faced trial in connection with Siwan Mahila P.S. Case No. 08 of 2018 registered under Sec. 376 of IPC, Secs. 4, 6, 8 and 12 of POCSO Act and Sec. 3(1)(w)(ii) and 3(2)(va) of the SC/ST Act and he stood charged for the offences punishable under Sec. 376 of IPC and Secs. 4 and 8 of POCSO Act and his trial resulted in his conviction but the appellant was acquitted of the offence punishable under Sec. 3(1)(w)(ii) and 3(2)(va) of the SC/ST Act.