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2023 Supreme(Pat) 1097

CHAKRADHARI SHARAN SINGH, BIBEK CHAUDHURI
Shrikant Mandal @ Shrikant Kumar Mandal – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant : Mr. Ajay Mukherjee.
For the Respondent: Ms. Shashi Bala Verma, APP.

Chakradhari Sharan Singh, J.—This appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, putting to challenge a judgment of conviction dated dated 27.10.2021 and an order of sentence dated 29.10.2021, passed by learned 6th Additional Sessions Judge-cum-Special Judge (POCSO), Banka in G.R. No. 168 of 2019, arising out of Mahila (Banka) P.S. Case No. 60 of 2019, whereby the appellant has been convicted and sentenced as under:—

Appellant

Penal Provision

Imprisonment

Sentence Fine (Rs.)

In default of fine

Shrikant

376D of the IPC

R.I. for 20 years

20,000/-

R.I. for six months

Mandal

4 of the POCSO Act

RI for 10 years

10,000/-

RI for three months

2. Two persons including this appellant were made accused in Mahila (Banka) P.S. Case No. 60 of 2019, instituted on the basis of the written report of the victim. The case of coaccused Sohan Kumar was, however, referred to Juvenile Justice Board in the light of the prosecution's case itself that he was below 18 years of age as on the date of occurrence. Undisputedly, the appellant and said Sohan Kumar are cousins. This fact we have mentioned at the outset in the light of nature o

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