BIRJU RAM @ BIRJU BABA vs The State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Pat) 142

PATNA HIGH COURT
BIRJU RAM @ BIRJU BABA – Appellant
Versus
The State of Bihar – Respondent

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

We have heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. Despite proper service of notice on the legal heir/husband of the informant, no one has entered appearance to oppose the appeal.

3. This appeal has been preferred for setting aside the judgment of conviction dated 22.04.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 28.04.2022 (hereinafter referred to as the ‘impugned order’) passed by learned Additional District & Sessions Judge-VI-cum Special Judge, POCSO Act, Muzaffarpur (hereinafter referred to as the ‘learned trial court’) in POCSO (G.R. No.) 84 of 2018 arising out of Ahiyapur P.S. Case No. 636 of 2018. By the impugned judgment, the appellant has been convicted for the offences punishable under Section 376(2) of the Indian Penal Code (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and has been sentenced to undergo twenty years rigorous imprisonment with a fine of Rs.50,000/- under Section 6 of the POCSO Act and in default of payment of fine, he has to further undergo two years simple impr