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2021 Supreme(Pat) 858

BIRENDRA KUMAR
Sikandar Patel S/o Sri Baidyanath Patel @ Baidhnath Raut – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Umesh Chandra Verma, Advocate
For the Respondents: Mr. Syed Ashfaque Ahmad, APP

JUDGMENT :

The sole appellant Sikandar Patel faced trial before the learned 1st Additional Sessions Judge-cum-Special Judge, West Champaran, Bettiah, in connection with Bettiah Muffasil

P.S. Case No.626 of 2013, corresponding to CIS No.10914 of 2014. By judgment dated 07.01.2020 the learned trial Judge found the appellant guilty for offences under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act. By order of sentence dated 28.01.2020 ten years rigorous imprisonment besides fine of rupees fifteen thousand and in default of payment of fine two years rigorous imprisonment was awarded under both the heads. The sentences have been ordered to run concurrently.

The appellant has challenged the judgment of conviction and order of sentence above in this appeal.

2. The prosecution case, as disclosed in the first information report of the victim girl (PW 4), is that the victim, aged about 12 years, had gone to ease towards the field side at 8:00 PM on 28.09.2013. Near the field of one Nand Kishore Prasad the appellant caught her and dragged inside the paddy crop in the field of Nand Kishore Prasad and forcefully opened her lower garments and ravished her. The appellant threaten

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