PATNA, India, April 16 -- Patna High Court issued the following judgment on March 16:
1. Heard Mr. Ajay Mukherjee, learned counsel for the appellant and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State.
2. Despite valid service of notice on respondent no. 2, no one has entered appearance on her behalf to oppose this appeal.
3. The sole appellant in this case is seeking setting aside of the judgment of conviction dated 18.05.2023 (hereinafter referred to as 'impugned judgment') and the order of sentence dated 20.05.2023 (in short called the 'impugned order'), passed by the Child Court-cum-1st Additional Sessions Judge, Banka (in short 'learned trial court') in POCSO Case No.211 of 2020 (arising out of Belhar P.S. Case No. 211 of 2020) dated 18.06.2020, registered for the offences alleged under Sections 376, 506/34 of Indian Penal Code (hereinafter referred to as 'IPC') and Section 4 of Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act').
4. By the impugned judgment, the learned trial Court has been pleased to convict the appellant for the offences under Section 376 of IPC and Section 5(j) (ii)/6 of POCSO Act. Having convicted the appellant under these provisions, the learned trial Court has ordered the appellant to undergo imprisonment for 13 years for the offence under Section 6 of the POCSO Act, the appellant has been directed to pay a fine of Rs. 20,000/-. In default of payment of fine, the appellant shall undergo simple imprisonment for one year more. No separate sentence was awarded under Section 376 of IPC and Section 5(j) (ii)/6 of the POCSO Act.
*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NSM1OTkjMjAyMyMxI04=-9cnNJfB--am1--ohE=)
Disclaimer: Curated by HT Syndication.
