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2016 Supreme(SC) 926

A.K.SIKRI, A.M.SAPRE
STATE OF BIHAR – Appellant
Versus
RAJBALLAV PRASAD @ RAJBALLAV PD. YADAV @ RAJBALLABH YADAV – Respondent


JUDGMENT

       A.K. SIKRI, J.

1. Respondent herein is facing trial in Mahila Police Station Case No. 15 of 2016, wherein he is charged for committing offences under Sections 376, 420/34, 366-A, 370, 370-A, 212, 120-B of the Indian Penal Code, Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act” for short) as well as Sections 4, 5 and 6 of the Immoral Traffic Act, 1956. He is one of the co-accused in the said trial. FIR in this behalf was registered on the basis of written complaint of the prosecutrix Preeti Kumari (minor) on 09.02.2016. During investigation, the respondent was identified as the main accused having committed the rape on the said minor. However, since at that time, he was allegedly absconding, the trial court issued process under Section 82 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) and thereafter on 27.07.2006 issued process under Section 83 against the respondent. At that stage, apprehending his imminent arrest, the respondent surrendered before the trial court on 10.03.2016 and was taken into custody. After conclusion of the investigation, charge-sheet in the case was filed on 20.04.2016 and the charges we
































































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