ARVIND KUMAR DAS Vs. STATE OF BIHAR

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. 7/8/2017 and order of sentence dtd. 11/8/2017 passed by learned Special Judge, POCSO Act, Samastipur in G.R. No. 443/14 Registration No. 643/14, arising out of Dalsingsarai P.S. Case No. 236/14, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Sec. 376(2)(f) of the I.P.C. and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, whereby and whereunder the appellant has been found guilty for committing offence under Sec. 376 of the I.P.C. and Sec. 6 of the Protection of Children from Sexual Offence Act, and sentence has been awarded to convict for life imprisonment and Rs.50,000.00 fine and in default of payment of fine, additional punishment of rigorous imprisonment for 6 months has been awarded under Sec. 6 of the POCSO Act and no separate sentence has been awarded for committing offence under Sec. 376 of the I.P.C. Further, it is directed that payment of fine shall be paid to the family member of the victim and period already undergone shall be adjusted.

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

(3.) Heard learned counsel Mr. Raj Kishore Prasad assisted by Mr. Nand Lal Prasad for the appellant and Km. Shashi Bala Verma, learned counsel for the Respondent-State.