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2018 Supreme(Pat) 1066

ADITYA KUMAR TRIVEDI
T. Mathew @ Tom Mathew – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
Vikramdeo Singh, Adv., Sunil Kumar Singh, Adv., Binod Bihari Singh, Adv.

JUDGMENT :

Aditya Kumar Trivedi, J.

Appellant, T. Mathew @ Tom Mathew has been found guilty for an offence punishable under Section 376 of the IPC and for that no separate sentence has been inflicted under Section 4 of the POCSO Act where under he has been directed to undergo R.I. for the seven years as well as to pay fine appertaining to Rs. 50,000/- in default thereof, to undergo S.I. for six months, additionally vide judgment of conviction dated 02.04.2018 and order of sentence dated 10.04.2018 passed by First Additional Sessions Judge-cum-Special Judge, POCSO Act, Madhepura in POCSO Case no.20/2017 arising out of Madhepura P.S. Case No421/2017.

2. At the time of hearing of prayer for bail having been made at the end of the appellant, the lower court record as well as judgment impugned has been gone through and during course thereof, it has found that there happens to be utter violation of mandatory provisions of law so prescribed while conducting the trial under POCSO Act and that being so, the instant appeal has been directed to be listed for hearing in out of turn manner.

3. Informant (name withheld, PW.2) who happens to be a minor girl, a victim of rape allegedly at the end of t











































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