LAWS(PAT)-2022-7-26

VIKESH KUMAR Vs. STATE OF BIHAR

Decided On July 28, 2022
Vikesh Kumar Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) By this appeal, the appellant/accused is challenging the judgment and order dtd. 14/11/2017 and 24/11/2017 respectively passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Nawada, in POCSO Case No.1 of 2013, thereby convicting him of the offences punishable under Sec. 376(2) of the Indian Penal Code as well as under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (For the sake of brevity hereinafter referred to as the 'POCSO Act') and sentencing him to undergo rigorous imprisonment for ten years apart from imposition of fine of rupees one lac for the offence punishable under Sec. 6 of the POCSO Act. No separate sentence was awarded for the offence punishable under Sec. 376(2) of the Indian Penal Code. For the sake of convenience, the appellant shall be referred to in his original capacity as an accused.

(2.) Facts in brief leading to the prosecution of the accused, projected from the police report, can be summarized thus:

(3.) None appeared either for the appellant or for the State in this old appeal of the year 2017. Therefore, this Court is left no alternative but to decide the same by going through the record and proceedings meticulously.