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2022 Supreme(Pat) 440

A. M. BADAR
Vikesh Kumar @ Bhalu – Appellant
Versus
State of Bihar – Respondent


A. M. BADAR, J.:–By this appeal, the appellant/accused is challenging the judgment and order dated 14.11.2017 and 24.11.2017 respectively passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Nawada, in POCSO Case No.1 of 2013, thereby convicting him of the offences punishable under Section 376(2) of the Indian Penal Code as well as under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (For the sake of brevity hereinafter referred to as the ‘POCSO Act’) and sentencing him to undergo rigorous imprisonment for ten years apart from imposition of fine of rupees one lac for the offence punishable under Section 6 of the POCSO Act. No separate sentence was awarded for the offence punishable under Section 376(2) of the Indian Penal Code. For the sake of convenience, the appellant shall be referred to in his original capacity as an accused.

2. Facts in brief leading to the prosecution of the accused, projected from the police report, can be summarized thus:

(A) According to the prosecution case, the accused, at about 2:30 PM of 19.07.2013, had committed penetrative sexual assault on PW 8 the victim female child who at the relevant time was aged about th

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