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2023 Supreme(Pat) 1391

CHAKRADHARI SHARAN SINGH, GUNNU ANUPAMA CHAKRAVARTHY
Ujjawal Kumar Keshari S/o Anil Kumar Keshri @ Anil Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Dr. Kamal Deo Sharma, Tushar Vaibhav.
For the Respondents: Shashi Bala Verma, Ganesh Prasad Singh.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure assailing the impugned judgment of conviction and order the of sentence dated 05.01.2022 passed by the learned Special Judge, Exclusive (POCSO) Court-cum-Additional District and Sessions Judge-VI, Gaya in POCSO Case No. 55 of 2021 CIS No. POCSO 55 of 2021 arising out of Mahila P.S. Case No. 12 of 2021, whereby and whereunder the appellant has been convicted and sentenced as under:

Penal Provision

Sentence

Imprisonment

Fine Rs.

In default of fine

Section 6 of the POCSO Act

Rigorous Imprisonment for 20 years

10,000/-

RI for six months

Section 376 of the IPC

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2. We are not disclosing the name of the victim and the prosecution's witnesses who are closely related to the victim so as to conceal the victim’s identity.

3. The victim (PW-1) is the informant of the concerned Mahila P.S. Case No. 12 of 2021 registered on 20.03.2021 for the offences punishable under Section 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘

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