ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 09-12-2025

Heard learned counsel for the appellants, learned Amicus Curiae and the learned Additional Public Prosecutor for the State in both the appeals. Despite service of notice upon the informant (Respondent No. 2) she has not entered appearance to oppose the appeal.

2. The present appeal arises out of the judgment of the conviction dated 25.11.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 28.11.2022 (in short referred to as the ‘impugned order’) passed by the learned Exclusive Special Court (POCSO Act)-cum- 7^th Additional District and Sessions Judge, Bhagalpur in connection with POCSO Case No. 141 of 2019 arising out of Kahalgaon P.S. Case No. 677 of 2019.

3. By the impugned judgment the appellants namely Banti Kumar Yadav @ Banti Yadav and Nanhku Mandal @ Nandlal Mandal @ Nandlal have been convicted for the offences under Sections 376 (DA) of the IPC and 5(g), 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012 (in short referred to as the ‘POCSO Act’) and have been sentenced to undergo rigorous imprisonment for life which shall mean imprisonment for