LAWS(PAT)-2024-3-34

CHHOTU KUMAR YADAV Vs. STATE OF BIHAR

Decided On March 11, 2024
Chhotu Kumar Yadav 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. 18/3/2023 and order of sentence dtd. 29/3/2023 passed by learned Special Judge, Exclusive POCSO Court-cum-Additional District and Sessions Judge-VI, Gaya in POCSO Case No. 77 of 2019, arising out of Muffasil P.S. Case No. 347 of 2019, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Ss. 363, 366(A), 376 DA of the Indian Penal Act and Sec. 6 of the POCSO Act and sentenced him to undergo rigorous imprisonment for five years and a fine of Rs.1,000.00 under Sec. 363 of the Indian Penal Code and rigorous imprisonment for twenty years and fine of Rs.10,000.00 under Sec. 6 of the POCSO Act and in default of payment of fine, the convict shall suffer further imprisonment for six months. No separate sentence was awarded under Sec. 376DA of the Indian Penal Code in view of Sec. 42 of the POCSO Act and it was ordered that all the sentences shall run concurrently and the period of detention undergone by the accused in this case shall be set off against the sentence of imprisonment.

(2.) The brief facts leading to filing of the present appeal are as under:-

(3.) Heard learned counsel Mr. Ajay Kumar Thakur assisted by Mrs. Vaishnavi Singh for the appellant and Mr. Sujit Kumar Singh, learned A.P.P. for the Respondent-State.