1. Vide order of this Court dated 13.01.2026, notice was
issued to Opposite Party no. 2. As per office report dated
11.02.2026, notice sent through registered post has been
received by the daughter of the respondent no. 2 but no one has
put in appearance on behalf of Opposite Party no. 2, hence this
Court proceeds to hear the prayer for suspension of sentence of
the appellant.
2-Heard learned counsel for the appellant and learned
Additional Public Prosecutor representing the State.
3-This appeal under Sections 415 (2) and 430 (1) of the
B.N.S.S. has been preferred by the appellant namely Uday
Kapar against the judgment of conviction dated 08.09.2025 and
Patna High Court CR. APP (SJ) No.4251 of 2025(3) dt.12-02-2026
order of sentence dated 15.09.2025 passed by the learned
District and Additional Sessions Judge-VI-cum-Special Judge
(POCSO) Act, Sitamarhi in Sessions Trial (S.T) No. 155 of
2022 arising out of Dumra P.S. Case No. 272 of 2021 under
Sections 341, 323, 354(B), 504, 506/34 of the Indian Penal
Code, Sections 3(i)(r)(s)(w), 2(va) of the SC/ST Act and Section
8 of the POCSO Act, District Sitamarhi, convicting and
sentencing the appellant as under:-