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2024 Supreme(Pat) 26

ASHUTOSH KUMAR, NANI TAGIA
Md. Amzad @ Amzad – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant : Mr. Amit Kumar Anand.
For the Respondent: Mr. Satya Narayan Prasad, APP.

Ashutosh Kumar, J.—We have heard Mr. Amit Kumar Anand, learned Advocate for the sole appellant and Mr. Satya Narayan Prasad, learned APP for the State.

2. The appellant stands convicted under Sections 376, 2(m), 376 (A) and 302 of the IPC and Sections 4 and 6 of the POCSO Act, 2012, vide judgment dated 27.07.2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Purnea in Special POCSO Case No. 24 of 2017, arising out of Kasba P.S. Case No. 53 of 2017.

3. The appellant has been sentenced vide order dated 31.07.2017 to undergo imprisonment for the remainder of his life and a fine of Rs. 25,000/- each for the offences under Sections 376(2)(m), 376(A) and 302 of the IPC. No separate sentence has been awarded under Sections 4 and 6 of the POCSO Act, 2012.

4. A 17 year old girl was raped and killed at the hands of the appellant.

5. The report about the occurrence was lodged by her elder sister (P.W. 5), a 19 year old girl, who was practically a witness to the grisly crime. She had reported on 10.04.2017 at about 12 P.M. at her house that in the morning, the deceased had gone to attend to call of nature in the fields and she had also gone to the fields for the same purpo

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