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2024 Supreme(Pat) 330

CHANDRA SHEKHAR JHA
Vivek Tiwari, son of Dhanjee Tiwari – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Mr. Ajay Kumar Thakur, Adv., Mr. Rajeev Ranjan, Adv., Mr. Prince Kumar Mishra, Adv., Ms. Vaishnavi Singh, Adv.
For the State : Mr. Anand Mohan Prasad Mehta, APP.
For the Informant : Mr. Ravi Shankar Sahay, Adv., Mr. Rakesh Kumar Mishra, Adv.

JUDGMENT :

(Chandra Shekhar Jha, J.) :

Heard Mr. Ajay Kumar Thakur, learned counsel duly assisted by Mr. Rajeev Ranjan, learned counsel for the appellant/convict and Mr. A.M.P. Mehta, learned A.P.P. for the State duly assisted by Mr. Ravi Shankar Sahay, learned counsel for the informant.

2. The instant memo of appeal has been filed on behalf of the appellant/convict under section 374(2) of the Code of Criminal Procedure (in short the “Cr.P.C.”) against the judgment of conviction dated 12.04.2023 and order of sentence dated 18.04.2023 passed by learned 7th Additional District & Sessions Judge-cum-Exclusive Special Judge (POCSO), Sasaram, Bihar in connection with POCSO Case No. 13/2019 arising out of Natwar P.S. Case No. 16 of 2019, whereby and whereunder the appellant/convict has been fount guilty for offences under Section 506 of the Indian Penal Code (in short the ‘I.P.C.’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”) and sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 10,000/-payable to victim for offences punishable under Section 4 of POCSO Act and in default of payment of fine, furt

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