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MOHIT KUMAR SHAH, SONI SHRIVASTAVA
Shatrughan Yadav @ Satrughan Yadav – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—Heard the learned counsel for the appellants, the learned APP for the State and the learned Amicus Curiae, Ms. Surya Nilambari, Advocate.
2. The present appeal has been preferred against the judgment of conviction and order of sentence dated 09.09.2025, passed by the learned Court of Exclusive Special Judge (POCSO Act), Darbhanga in POCSO G.R. Case No.47 of 2016 (arising out of Bishanpur (Darbhanga) P.S. Case No.86 of 2016), whereby and whereunder while the appellant no. 1 Shatrughan Yadav @ Satrughan Yadav has been convicted under Section 10/17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act, 2012”) read with Section 17 of the POCSO Act, 2012, the appellant no. 2, namely Anil Yadav has been convicted under Section 376 (2) (n) of the Indian Penal Code (hereinafter referred to as “the IPC”) and under Section 6 read with Section 5(l) and Section 10 of the POCSO Act, 2012.
3. By the order of sentence dated 09.09.2025, passed by the Ld. Court of Exclusive Special Judge (POCSO Act), Darbhanga, the appellant no. 1 Shatrughan Yadav @ Satrughan Yadav has been sentenced to undergo rigorous imprisonment (RI) for a ter
Point of Law : Non-compliance of Section 235 (2) Cr.PC can be rectified at the appellate stage as well, by providing meaningful opportunity.
Death sentence – Obligation of Court to conduct separate hearing on issue of sentence – Meaningful, real and effective hearing must be afforded to accused, with opportunity to adduce material relevan....
(1) Video Conferencing – Act of securing presence of accused through video conferencing at the time of judicial remand for first time or police remand, is not a matter of course and it is to be exerc....
Rape of minor girl – When alleged acts or omissions constitute offence both under IPC and POCSO Act then, law which prescribes punishment of greater degree would have to be applied – Fields of operat....
The minimum punishment for aggravated penetrative sexual assault under Section 6 of the POCSO Act was 10 years at the time of the offence, necessitating a modification of the appellant's sentence fro....
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