MANU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Senior Counsel for the appellant and learned Additional Public Prosecutor for the State.

(2.) Notice has been issued to respondent no.2 but in spite of valid service of notice, respondent no. 2 has chosen not to appear in this case.

(3.) This appeal has been preferred for setting aside the judgment of conviction dtd. 5/9/2022 (hereinafter referred to as the 'impugned judgment') and the order of sentence dtd. 12/9/2022 (hereinafter referred to as the 'impugned order') passed by learned Additional Sessions Judge-VI-cum-Exclusive Special Judge, POCSO Act, Saran at Chapra (hereinafter referred to as the 'learned trial court') in ST POCSO No. 21 of 2021 arising out of Marhowrah P.S. Case No. 298 of 2020. By the impugned judgment, the appellant has been convicted for the offences punishable under Sec. 376 D of the Indian Penal Code (in short 'IPC') and Sec. 4 and 6 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act') and has been sentenced to undergo ten years rigorous imprisonment with a fine of Rs.10,000.00 under Sec. 4 of the POCSO Act and in default of payment of fine, he has to further undergo six months simple imprisonment. He has also been ordered to undergo twenty years rigorous imprisonment with a fine of Rs.10,000.00 under Sec. 6 of the POCSO Act and in default of payment of fine, he has to further undergo six months simple imprisonment. Both the sentences are to run concurrently.