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CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Kundan Mahto – Appellant
Versus
State of Bihar – Respondent
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
The court has the discretion to consider the age and mitigating circumstances of the appellant in modifying the sentence, in accordance with the provisions under Section 376(2)(i) of the Indian Penal....
Aggravated penetrative sexual assault - Minimum sentence of twenty years can be imposed in place of higher punishment of life imprisonment for remainder of natural life of convict.
Rape of girl child – Once a victim of rape, particularly, a child is found to be truthful in her deposition, said evidence is adequate to establish charge of commission of offence punishable under Se....
Sentencing under the POCSO Act must adhere to the law in effect at the time of the offense, and courts can consider the duration of custody when determining appropriate sentences.
Quantum of sentence can be altered to meet ends of justice.
Sentencing must align with the law in force at the time of the offence. Appellate courts possess the inherent authority to direct that multiple sentences arising from a single transaction run concurr....
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