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2023 Supreme(Pat) 279

CHAKRADHARI SHARAN SINGH, KHATIM REZA
Ankit Kumar Singh @ Ankit Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Ansul, Aditya Pandey, Navneet Kumar.
For the Respondent: Ms. Shashi Bala Verma, APP.

Chakradhari Sharan Singh, J.—By the impugned judgment and order dated 30.03.2017/04.04.2017 passed by the learned Special Judge, POCSO Act, Muzaffarpur in Meenapur P.S. Case No. 320 of 2014, Trial No. 26 of 2015, the appellant has been convicted and sentenced as under:—

Conviction under Section

Imprisonment

Sentence Fine (Rs.)

In default of fine

6 of the POCSO Act

For Life

20,000/-

SI for one year

342 of the IPC

SI for six months

450 of the IPC

RI for five years

2. The date of occurrence as per the prosecution’s case is 26.07.2014. During the pendency of this appeal an application came to be filed giving rise to I.A. No. 1 of 2019 for sending the records of the case to the Juvenile Justice Board (JJB in short) in order to ascertain the juvenility of the appellant as on the date of occurrence, on the ground that the family of the appellant got hold of matriculation certificate issued by the Bihar School Examination Board (BSEB in short) during the pendency of this appeal, wherein the date of birth of the appellant has been e

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