RAHUL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned Spl. P.P. appearing for the State.

(2.) It is submitted by learned Spl. P.P. that the information regarding present proceedings is already given to informant of this case in terms of order dtd. 24/11/2023 and notice is also served upon informant on 8/12/2023 through local SHO but despite information, informant failed to join the present proceedings.

(3.) The present prayer of bail alongwith suspension of sentence referred under Sec. 389(1) of the Code of Criminal Procedure (in short Cr.P.C.), as raised through memo of appeal itself, which has been preferred under Sec. 374(2) of the Cr.P.C. against judgment of conviction dtd. 16/5/2023 and order of sentence dtd. 19/5/2023 passed by learned Court of Exclusive Spl. Court (POCSO Act)-cum-7th Additional District and Sessions Judge, Bhagalpur in POCSO Case No. 107/2021, arising out of Kahalgaon P.S. Case No. 664 of 2021, wherein learned trial court has convicted the appellant/convict for offences under Sec. 448 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sec. 8 of the POCSO Act and sentenced to undergo rigorous imprisonment for one year with a fine of Rs.1,000.00 and in default of payment of fine to undergo one month of simple imprisonment for the offence under Sec. 448 of IPC. and rigorous imprisonment for four years with a fine of Rs.20,000.00 and in default of payment of fine to undergo three months of simple imprisonment for the offence under Sec. 8 of the POCSO Act. All sentences are ordered to run concurrently.