MUNNA ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 6/2/2020 and order of sentence dtd. 24/2/2020 passed by learned 1st Additional Sessions Judge- cumSpecial Judge, (SC/ST/POCSO), Bettiah, West Champaran in Mainatand P.S. Case No. 03 of 2019, CIS No. 02 of 2019 whereby the appellant has been held guilty for the offences punishable under Ss. 376(D), 302 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sec. 4, 6 of Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act.') and has been sentenced to undergo life imprisonment and fine of Rs.50,000.00 under Sec. 302 of the IPC and in default of payment of fine, the appellant has been directed to suffer further five years imprisonment; 20 years rigorous imprisonment and fine of Rs.50,000.00 under Sec. 376(D) of the IPC and in default of payment of fine, the appellant has been directed to suffer further four years imprisonment; and life imprisonment and fine of Rs.50,000.00 under Sec. 6 of the POCSO Act and in default of payment of fine, the appellant has been directed to suffer further five years imprisonment. The sentences have been ordered to run concurrently.

(2.) The names of the victim and PWs-1 and 5 (who are victim's mother and father) have been concealed in the judgment to protect their prestige and dignity.

(3.) According to written report of informant (PW-5), the occurrence is of 1/1/2019 at about 8:00 PM for which information was given to the S.H.O. Mainatand police station on 2/1/2019 at 9 hours and immediately whereafter FIR was registered.