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Patna High Court - Orders

Sajan Kumar vs The State Of Bihar on 11 July, 2024

Author: Ashutosh Kumar

Bench: Ashutosh Kumar, Jitendra Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.487 of 2024
                  Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA P.S District- West Champaran
                 ======================================================
                 Sajan Kumar, Son of Lalan Thakur, Resident of Village - Ilamram Chowk,
                 P.S. - Bettiah Nagar, Distt.- West Champaran.
                                                                          ... ... Appellant/s
                                                      Versus
                 The State of Bihar
                                                                       ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Andlib Imrose, Advocate
                                                  Ms. Amisha Prakash, Advocate
                 For the Respondent/s    :        Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                         and
                         HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

3   11-07-2024

The appellant has been convicted under Sections 376D/120B of the Indian Penal Code and Section 4 and 6 of the POCSO Act, 2012 vide judgment dated 28.02.2024 passed by the learned Additional District & Sessions Judge-VI- cum-Special Judge, POCSO Act, Bettiah, West Champaran in C.I.S. POCSO Case No. 107 of 2019 (S.G.R. No. 106 of 2019), arising out of Bettiah Mahila P.S. Case No. 14 of 2019. By order dated 06.03.2024, he has been sentenced to undergo R.I. for twenty years, to pay a fine of Rs. 10,000/- and in default of Patna High Court CR. APP (DB) No.487 of 2024(3) dt.11-07-2024 2/3 payment of fine, to further suffer R.I. for one month under Sections 376D/120B of the IPC; R.I. for twenty years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer R.I. for three months under Section 4 of the POCSO Act, 2012; and R.I. for twenty years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer R.I. for one month under Section 6 of the POCSO Act, 2012.

2. Admit.

3. Call for the Trial Court Records.

4. Since a prayer for suspension of sentence has been made in the memo of appeal, Mr. Ajay Mishra, the learned APP shall put in his written objection by the next date.

5. Re-notify this appeal on receipt of the Trial Court Records on 22nd of August, 2024. Patna High Court CR. APP (DB) No.487 of 2024(3) dt.11-07-2024 3/3 (Ashutosh Kumar, J) (Jitendra Kumar, J) Sauravkrsinha/Sunil-

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