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2023 Supreme(Pat) 1126

ASHUTOSH KUMAR, NANI TAGIA
Laxman Das – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : M/s Pranav Kumar, Rajeev Ranjan No. II, Priyanka Kumari, Anjana Gupta, Kumari Seema Singh.
For the Respondents: Mr. Bipin Kumar, APP.
For the Informant : M/s Surendra Kishore Thakur, Y. Madhavi.

Ashutosh Kumar, J. – We have heard Mr. Pranav Kumar and Ms. Y. Madhavi, learned Advocates for the appellant and the victim respectively. The State is represented by Mr. Bipin Kumar, learned APP.

2. The appellant, who is the father of the victim, has been convicted under Section 376 of the IPC and Section 6 of the POCSO Act, 2012 vide judgment dated 23.02.2023 passed by the learned 7th Additional Sessions Judge-cum-Special Judge, POCSO (W), Muzaffarpur in connection with Mahila P.S. Case No. 72 of 2021. Vide Order dated 28.02.2023, he has been sentenced to undergo imprisonment for the remainder of his natural life, to pay a fine of Rs. 1,00,000/- in default of which, to further suffer imprisonment for one year. The fine so paid has been directed to be given to the victim, who is the daughter of the appellant.

3. The DLSA, Muzaffarpur has also been requested to pay a compensation amount of Rs. 5,00,000/- to the victim.

4. No separate sentence has been awarded under Section 6 of the POCSO Act, 2012 in view of Section 42 of the Act.

5. The harrowing tale by a fourteen year old girl would have made up for one of the most abominable crimes under the sun but for the accusation being found to

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