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2021 Supreme(Pat) 444

ASHWANI KUMAR SINGH, ARVIND SRIVASTAVA
State Of Bihar – Appellant
Versus
Balwant Singh – Respondent


Advocates Appeared:
Mr. Amish Kumar, Amicus Curiae, Mr. Rajesh Kumar, Advocate, Mr. Arun Kumar Pandey, Advocate,Mr. Kanhaiya Prasad Singh, Sr. Advocate, for the Appellant; Mr. Satya Narayan Prasad, APP, Mr. Ashok Kumar Singh, Advocate, Mr. Abhimanyu Sharma, APP, for the Respondent.

JUDGMENT

Ashwani Kumar Singh, J. - The appellants in these appeals have challenged the judgment of conviction dated 28.08.2019 and the order of sentence dated 06.09.2019 passed by the learned 1st Additional District & Sessions Judge-cum-Special Judge, POCSO Act, Bhojpur at Ara in POCSO Case No. 26 of 2018 arising out of Barahara P.S. Case No. 43 of 2018. By the aforesaid judgment, the appellants have been convicted for the offences punishable under Sections 366-A/34, 376-D/34, 302/34 of the Indian Penal Code (for short 'IPC') and Section 4 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act'). Consequently, by the aforesaid order, the appellants have been sentenced to death for the offence punishable under Section 302/34 of the IPC, Rigorous Imprisonment for ten years with a fine of Rs.25,000/- for the offence punishable under Section 366-A of the IPC and in default of payment of fine to undergo further imprisonment for six months. The appellants have further been sentenced to undergo Rigorous Imprisonment for life and a fine of Rs. 50,000/- for the offence punishable under Section 376-D/34 of the IPC and in default of payment of fine to undergo further impr

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