SURAJ KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Manoj Kumar No. 1, learned Amicus Curiae and Ms. Bela Singh, learned counsel for the informant. The State is represented by Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor.

(2.) The present appeal arises out of the judgment of conviction dtd. 13/10/2022 (hereinafter referred to as the 'impugned judgment') and the order of sentence dtd. 14/10/2022 (in short referred to as the 'impugned order') passed by the learned 7th Additional Sessions Judge-cum-Spl. Judge, POCSO(W), Muzaffarpur in connection with Mahila P.S. Case No. 45 of 2021/G.R. No. 54 of 2021.

(3.) By the impugned judgment the appellant/Suraj Kumar and co-accused Jyoti Kumar have been convicted for the offences under Ss. 341, 342, 323, 506/34 and 376(D) of the Indian Penal Code (in short referred to as the 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short referred to as the 'POCSO Act') and have been sentenced to undergo rigorous imprisonment for a period of twenty years and to pay a fine of Rs.50,000.00 and in default of payment of fine to further undergo imprisonment of two years for the offences under Ss. 376(D) IPC as well as under Sec. 6 of the POCSO Act; to undergo imprisonment for a term of one month and to pay a fine of Rs.500.00 and in default of payment of fine to further undergo imprisonment of one week for the offence under Sec. 341 of the IPC; to undergo rigorous imprisonment of one year and to pay a fine of Rs.1000.00 and in default of payment of fine to further undergo imprisonment for one month for the offence under Sec. 342 of the IPC; to undergo rigorous imprisonment of one year and to pay a fine of Rs.1000.00 and in default of payment of fine, to further undergo imprisonment of one month for the offence under Sec. 323 of the IPC and to undergo rigorous imprisonment for a term of two years and to pay a fine of Rs.1000.00 and in default of payment of fine to further undergo imprisonment of three months for the offence under Sec. 506 of the IPC. All the sentences have been directed to run concurrently.