passed by the learned Exclusive Special Court
(POCSO Act)-cum-7th Additional District and Sessions Judge,
Patna High Court CR. APP (DB) No.154 of 2023 dt.22-07-2025
Bhagalpur, in POCSO Case No. 41/2020, arising out of Kotwali
(Tilkamanjhi) P.S. Case No. 211/2020. By this judgment, the
learned trial court has convicted the appellant for the offences
punishable under Section 376 of the Indian Penal Code (in short
‘IPC’) and under Section 5(m)/6 of the Protection of Children
from Sexual Offences Act (in short ‘POCSO Act’). By the order of
sentence dated 23.12.2022, the appellant has been sentenced to
undergo rigorous imprisonment for 20 years, with a fine of Rs.
50,000/- (Rupees Fifty Thousand) under Section 5(m)/6 of the
POCSO Act. In default of payment of the fine, he has been
directed to undergo simple imprisonment for one additional year.
The appellant has not been awarded punishment under Section 376
of the IPC in light of the provision of Section 42 of the POCSO
Act.