PATNA HIGH COURT
*Ashutosh Kumar, Rajesh Kumar Verma, JJ.
Md. Salamattullah v. State of Bihar
1. We have heard Mr. Surendra Kumar, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.
2. The appellant has been convicted under S.376 of the Indian Penal Code and S.4 of the POCSO Act, 2012 vide judgment dated 07.03.2022 passed by learned Additional Sessions Judge - VI - cum - Special Judge, POCSO Act, Aurangabad in POCSO Case No. 33 of 2020. By order of the same date, he has been sentenced to undergo RI for 20 years, to pay a fine of Rs. 20,000/- and in default of payment of fine to further suffer RI for one year for the offence under S.4 of the POCSO Act, 2012, keeping in mind the provisions contained in S.42 of the Act.
3. The Trial Court has also directed for payment of Rs. 3 lakhs compensation to the victim.
4. The victim is eight years old and is alleged to have been raped by the appellant who claims himself to be 70 years of age. The appellant is a neighbour of the victim. According to the prosecution case, the victim was raped by the appellant while she was playing in front of his house on 07.06.2020. The victim came back home and narrated about the incident to her mother (PW - 2), who lodged the written report on 09.06.2020.
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