Rajendra Yadav, Son of Late Harilal Yadav vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 694

ASHUTOSH KUMAR, JITENDRA KUMAR
Rajendra Yadav, Son of Late Harilal Yadav – Appellant
Versus
State of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Rama Kant Sharma, Sr. Advocate, Mr. Lakshmi Kant Sharma, Advocate
For the Respondent: Mr. Abhimanyu Sharma, APP

JUDGMENT :

ASHUTOSH KUMAR, J.

We have heard Mr. Rama Kant Sharma, the learned Senior Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.

2. The sole appellant has been convicted under Section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012 vide judgment dated 01.08.2019. By order dated 06.08.2019, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 1,00,000/- and in default of payment of fine to further suffer SI for one year under Section 376 of the IPC; RI for 20 years each, to pay a fine of Rs. 10,000/-each and in default of payment of fine to further suffer SI for six months each under Sections 4 and 6 of the POCSO Act, 2012.

3. All the sentences have been ordered to run concurrently.

4. The victim, an eight year old girl, is said to have been raped by the appellant on 30.03.2017 while she had gone to his house for watching television programmes. The FIR has been lodged by the victim herself on 31.03.2017 which was recorded at Sadar Hospital, Madhubani by the SI of police, viz., Kanchan Kumari, who at the relevant time was posted in the Women Police Station, Madhubani. She has alleged in her fardbeyan