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2023 Supreme(Pat) 899

CHAKRADHARI SHARAN SINGH, RAJESH KUMAR VERMA
Lalu Sharma, Son of Ram Dular Sharma – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Baidyanath Thakur, Mr. Praveen Kumar.
For the Respondent: Mr. Dilip Kumar Sinha.

JUDGMENT :

(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 27.04.2019 and the order of sentence dated 30.04.2019, passed by the learned Additional Sessions Judge 1st-cum-Special Judge, Kaimur at Bhabhua, in POCSO Trial No. 46 of 2017 arising out of Bhabhua Mahila Police Station Case No. 71 of 2017, whereby the sole appellant has been convicted and sentenced as under:

Convicted under Sections

Sentence

 

Imprisonment

Fine (Rs.)

In default of fine

376(2) of the Indian Penal Code

15 years

50,000/-

RI for six months

2. The victim’s name has been concealed in the present judgment and order.

3. A written report of the informant 04.12.2017, which bears his LTI, is the basis for registration of the concerned Mahila (Bhabhua) Police Station Case No. 71 of 2017 disclosing commission of the offence punishable under Section 376 of the IPC and Section 6 of the POCSO Act. It was his allegation that on 03.12.2017, at 3 PM, his daughter (hereinafter referred to as

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