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2023 Supreme(Pat) 206

CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Kundan Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Udit Narain Singh, Ramchandra Sahni.
For the State : Mr. Abhimanyu Sharma, APP.
For the Informant : Mr. Anshuman Singh.

Chakradhari Sharan Singh, J. – The appellant has preferred this appeal under Section 374(2) of the Cr.P.C. putting to challenge the judgment of conviction dated 14.12.2017 and the order of sentence dated 19.12.2017, passed by the learned 1st Additional Sessions Judge cum Special Judge POCSO Act, East Champaran, Motihari, in POCSO Trial No. 25 of 2017 (arising out of Sugauli P.S. Case No. 326 of 2013), whereby the sole appellant has been convicted and sentenced as under: –

Convicted under Sections

Imprisonment

Sentence Fine (Rs.)

In default of fine

376(2)(f)(i) of the IPC

RI for Life

10,000/-

SI for two months

4 of POCSO Act

RI for Life

10,000/-

SI for two months

2. Both the sentences have been ordered to run concurrently.

3. Learned counsel appearing on behalf of the appellant, after some arguments, has submitted that without entering into the legality of the finding of conviction recorded by the trial court, this Court may with compassion consider the appellant's case on the point of sentence. He has submitted that the appellant has already remained in custod

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