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2022 Supreme(Pat) 557

ASHWANI KUMAR SINGH, RAJEEV RANJAN PRASAD
State of Bihar – Appellant
Versus
Arvind Kumar @ Raj Singhania – Respondent


Advocates Appeared:
For the Petitioner: M/s Xxxxxx (in 3); M/s Baxi S.R.P. Sinha, Sr. Adv., Prem Ranjan Kumar, Rupesh Kumar, Mrigendra Pratap Singh, Brajesh Kumar (in 218, 285).
For the Respondent: M/s Rajesh Singh, Surya Nilambari (in 3); Ajay Mishra(in 218, 285).

RAJEEV RANJAN PRASAD, J.:–The appellants in Cr. Appeal (DB) No. 218 of 2021 and Cr. Appeal (DB) No. 285 of 2021 have been convicted by the learned Additional Sessions Judge VI-cum-Special Judge, POCSO, Patna in Special POCSO Case No. 186 of 2018 (arising out of Mahila P.S. Case No. 136 of 2018 registered for the offences punishable under Sections 376, 376 (b), 504, 506, 354(D), 120(B) of the Indian Penal Code (in short ‘IPC’) and Sections 4, 6, 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’).

2. Learned trial court has convicted them for the offences under Sections 376(DB) IPC and under Section 6 of the ‘POCSO’ Act read with Section 120(B) IPC. So far as appellant Arvind Kumar @ Raj Singhania of Cr. Appeal (DB) No. 218 of 2021 is concerned, he has been further convicted under Sections 506 IPC.

3. The appellant Arvind Kumar @ Raj Singhania has been awarded capital punishment/death penalty for the offence under Section 376(DB) read with Section 120(B) of the IPC and under Section 6 of POCSO Act and a fine of Rs. 01 lakh. He has been sentenced rigorous imprisonment for two years and a fine of Rs. 05 thousand under Section 506

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