JAI KRISHNA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Md. Irshad, learned Amicus Curiae for the appellant and Mr. Dilip Kumar Sinha, learned APP for the State. We find that the notice was sent to respondent no. 2 and the same was received by father of the victim/husband of the informant and, therefore, was taken as validly served by the order dtd. 4/11/2025 of this Court, however, despite valid service of notice nobody appears on behalf of respondent no. 2.

(2.) The present appeal arises out of the judgment of conviction dtd. 9/11/2022 (hereinafter referred to as the 'impugned judgment') and the order of sentence dtd. 15/11/2022 (in short referred to as the 'impugned order') passed by the learned Additional Sessions Judge-VI-cum-Spl. Judge POCSO, Patna in connection with Special (POCSO) Case No. 150 of 2020, arising out of Sachivalaya P.S. Case No. 89 of 2020.

(3.) By the impugned judgment the appellant namely Jai Krishna Yadav has been convicted for the offences under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short referred to as the 'POCSO Act') and has been sentenced to undergo 20 years S.I. for the offence under Sec. 6 of the POCSO Act and to pay a fine of Rs.25,000.00. In default of payment of fine to further undergo S.I. for 6 months. Prosecution Case: