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2024 Supreme(Pat) 286

CHAKRADHARI SHARAN SINGH, G. ANUPAMA HAKRAVARTHY
Saryu Manjhi S/o Briksh Manjhi – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrigendra Kumar.
For the Respondent: Shashi Bala Verma.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. The appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure assailing the judgment of conviction dated 30.11.2021 and an order of sentence dated 06.12.2021 passed by the Special Judge, Exclusive POCSO Court cum ADJ-VI, Gaya, in connection with POCSO Case No. 52 of 2019 CIS No. POCSO 52/2019 arising out of Fatehpur P.S. Case No. 124 of 2019 whereby and whereunder, the appellants have been convicted and sentenced as under:

Appellant Saryu Manjhi

Penal Provision

Sentence

Imprisonment

Fine (Rs.)

In default of fine

Section 6 of the POCSO Act

RI for 25 years

Rs. 10,000/-

Six months

Section 376AB

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Appellant Ajai Manjhi

Penal Provision

Sentence

Imprisonment

Fine (Rs.)

In default of fine

Section 6 of the POCSO Act

RI for 25 years

Rs. 10,000/-

Six months

Section 376AB

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---

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2. The age of the victim for the purpose of present adjudication is not in dispute. In the FIR, the victim’s age has been mentioned as three years by her mother who is the informant. During the medical examination, her age has been found to be 3 to

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