Dilip Rai vs State of Bihar - 2023 Supreme(Pat) 1073

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 1073

CHAKRADHARI SHARAN SINGH, G. ANUPAMA CHAKRAVARTHY
Dilip Rai – Appellant
Versus
State of Bihar – Respondent

Advocates appeared:
For the Appellant : M/s Bindhyachal Singh, Sr. Adv., Vipin Kumar Singh, Ram Binod Singh, A. Manikant (in 96); Basant Kumar Singh, Vishesh Kumar Singh (in 101).
For the Informant : Mr.Ajay Kumar Sharma (in 96, 101).
For the Respondent: Ms.Shashi Bala Verma, APP(in 96, 101).

G. Anupama Chakravarthy, J.—Both the above stated criminal appeals have arisen out of common judgment dated 07.12.2021 and sentence order dated 14.12.2021 passed by learned Additional Sessions Judge VI-cum-Exclusive Special Judge (POCSO), Saran at Chapra. In all, two accused were prosecuted for the commission of alleged offences under Section 6 of the POCSO Act and section 323/34, 341/34 and 376(D) of the Indian Penal Code for wrongfully restraining the prosecutrix and then committing rape on her. The trial court after appreciation of the evidence on record found both the accused guilty for commission of the above-said offences and convicted them as under:—

Cr. Appeal (DB) No. 96 of 2022

Convicted under Section		Imprisonment	Sentence Fine (Rs.)	In default of fine
Dilip Rai and Vinay Rai	U/s 6 of the POCSO Act	RI for 25 years	1,00,000/-	SI for one year
	Section 323/34 IPC	RI for 06 months
	Section 342/34 IPC	RI for 06 months

All the sentences shall run concurrently.

2. Being aggrieved by the judgment and order of conviction recorded by the Additional Sessions Judge VI-cum- Exclusive Special Judge (POCSO), Saran at Chapra dated 07.12.2021 and 14.12.2021 respec

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2023 Supreme(Pat) 1073

CHAKRADHARI SHARAN SINGH, G. ANUPAMA CHAKRAVARTHYDilip Rai – AppellantVersusState of Bihar – Respondent

Cases Referred (3)

CHAKRADHARI SHARAN SINGH, G. ANUPAMA CHAKRAVARTHY
Dilip Rai – Appellant
Versus
State of Bihar – Respondent