SARTAJ ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Narain, learned Senior Counsel assisted by Mr. Akhileshwar Kumar, learned counsel for the appellants, Ms. Akanksha Malviya, learned Amicus Curiae (in Cr. Appeal (DB) No. 12 of 2023) and Mr. Sriram Krishna, learned Amicus Curiae (in Cr. Appeal (DB) No. 937 of 2022) and Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State as also Mr. Krishna Kant Pandey, learned counsel for the respondent no. 2 in Cr. Appeal (DB) No. 12 of 2023.

(2.) These two appeals are arising out of judgment of conviction dtd. 21/10/2022 (hereinafter referred to as the 'impugned judgment') and the order of sentence dtd. 1/11/2022 (hereinafter referred to as the 'impugned order') passed by learned A.D.J. VI-cum-Special Judge, POCSO, Bettiah, West Champaran (hereinafter referred to as the 'learned trial court') in S.G.R. No. 55 of 2019 (C.I.S. POCSO - 57 of 2019) arising out of Bettiah Town P.S. Case No. 292 of 2019.

(3.) By the impugned judgment, the learned trial court has been pleased to convict the appellant, namely, Sartaj Alam for the offences punishable under Ss. 342, 366, 366A, 363, 376(3) of the Indian Penal Code (in short 'IPC') and under Sec. 6/5(1) of the Protection of Children from Sexual Offences Act (In short 'POCSO Act') whereas the appellant, namely Abdul Rahim Ansari has been convicted for the offences punishable under Ss. 366A, 366 and 363/34 IPC.