PATNA, India, May 21 -- Patna High Court issued the following judgment on April 20:

1. Heard learned Senior Counsel for the appellant, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of conviction dated 25.04.2023 (hereinafter referred to as the 'impugned judgment') and order of sentence dated 15.05.2023 (hereinafter referred to as the 'impugned order') passed by learned Additional Sessions Judge-VI-cum-Spl. Judge, POCSO, Vaishali at Hajipur (hereinafter referred to as the 'learned trial court') in POCSO Gr. No. 09 of 2021 arising out of Mahua P.S. Case No. 162 of 2021. By the impugned judgment, the appellant has been convicted for the offences punishable under Sections 377/34 of the Indian Penal Code (in short 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act'). By the impugned order, he has been sentenced to undergo rigorous imprisonment for twenty (20) years with a fine of Rs. 20,000/- under Section 6 of the POCSO Act and in default of payment of fine, he shall further undergo rigorous imprisonment for one year. He has also been sentenced to undergo rigorous imprisonment for ten (10) years with a fine of Rs. 10,000/- under Section 377/34 IPC and in default of payment fine, he shall further undergo rigorous imprisonment for six months. Both the sentences are to run concurrently.

3. The prosecution case is based on the written information dated 26.02.2021 submitted by the informant/ victim boy (PW-1). In his written information, he has stated that on 24.02.2021 at about 06:30 AM in the morning, when he was sitting at the shop of Sunny Kumar and Golu Patel situated near Sahara India Office at Mahua Bazar, Samastipur Road, two persons came there and enquired from Sunny Kumar about the victim boy. On which Sunny Kumar told them that he is a good-mannered boy and is in search of some work due to his poor financial condition. Thereafter, these two persons told the victim to accompany them, they will provide him money, food and good clothes. They also said that he has to discharge their household work and assured him that he will be given opportunity for further study. Thereafter, Golu Patel told the victim boy to accompany them as they were known to Golu Patel.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NSM2NzIjMjAyMyMxI04=-rkk--ak1--eSrc6gk=)

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