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2023 Supreme(Pat) 1148

CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Kumod Mandal Son of Bachneshwar Mandal – Appellant
Versus
State Of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pramod Mishra, Adv., Mr. Suraj Kumar, Adv.
For the Respondent: Mr. Sujit Kumar Singh, APP

JUDGMENT :

Nawneet Kumar Pandey, J.

This appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure for setting aside the judgment of conviction dated 25.01.2021 and the order of sentence dated 29.01.2021 passed by Sri Motish Kumar Singh, the learned Additional Sessions Judge-I-cum- Special Judge, (POCSO), Saharsa in POCSO Case No. 20 of 2018, arising out of Saharsa Mahila P.S. Case No. 15 of 2018, whereby he has been convicted and sentenced as under:-

Conviction under Section

Sentence

Imprisonment

Fine (Rs.)

In default of fine

376 of the IPC

RI for 20 years

50,000/-

SI for three months

341 of the IPC

SI for 1 month

 xxx

 xxx

4 of the POCSO Act

RI for 20 years

50,000/-

SI for three months

2. All sentences have been ordered to run concurrently and benefit of Section 428 of Cr.P.C. has been ordered to be given.

3. The victim (PW-8), who is a minor girl of 12 years of the age (as per prosecution version), has given her Fardbeyan before S.H.O., Simri police station on 01.03.2008 at about 10:30 P.M. stating therein that on 27.02.2018 at about 3:00 P.

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