PATNA, India, Oct. 28 -- Patna High Court issued the following judgment on Oct. 7:

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. Despite service of notice on informant-Respondent No.2, she has chosen not to appear through any Advocate to contest this appeal.

3. This appeal has been preferred for setting aside the judgment of conviction dated 17.11.2022 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 21.11.2022 (hereinafter referred to as the 'impugned order') passed by learned Additional District and Sessions Judge-cumSpecial Exclusive Judge, POCSO, Aurangabad, Bihar (hereinafter referred to as the 'learned trial court') in G.R. POCSO and CIS No. 45 of 2021 arising out of Aurangabad Mahila P.S. Case No. 25 of 2021.

4. By the impugned judgment, the appellant has been convicted for the offences punishable under Section 376AB of the Indian Penal Code (in short 'IPC') and Section 4 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act'). By the impugned order, he has been ordered to undergo rigorous imprisonment for twenty years with a fine of Rs.10,000/- under Section 4 of the POCSO Act and in default of payment of fine, he shall undergo simple imprisonment for twelve months.

Prosecution Case 5. The prosecution case is based on the written application of the stepmother of the victim. In her written application (Exhibit '2'), the informant has alleged that her stepdaughter 'X' aged about ten years was living in village Bantara with her own maternal uncle (the appellant) aged about 55 years. It is alleged that her maternal uncle was sexually exploiting the victim 'X' for several months but the victim was not disclosing it to her being afraid of him. She has further alleged that when she came to know about this from her daughter then the appellant started threatening her and her daughter to kill. She came to the police station with her daughter (X) and submitted the written application (Exhibit '2') on 22.07.2021.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMyMyMyMDIzIzEjTg==-4ojqa6SQUdc=

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