MD NEHAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Md. Nehal faced trial before the learned Special Judge under POCSO Act, Samastipur, in connection with Singhia P.S. Case No.76 of 2017, corresponding to Trial No.38 of 2020 for offences under Section 376(1) of the Indian Penal Code and under Section 6 of the POCSO Act.

(2.) By the impugned judgment and order dated 18.02.2020 and 20.02.2020 respectively the appellant was found guilty for both the above offences. However, only under Section 6 of the POCSO Act sentence was awarded considering provisions of Section 42 of the said Act. The learned trial Judge directed the appellant to undergo rigorous imprisonment for ten years and to pay a fine of Rs.50,000/- (Fifty thousand). In default of payment of fine simple imprisonment of six months was ordered. The fine was ordered to be paid to the victim or her family members.

(3.) The prosecution case as disclosed in the written report of PW 10 Jannati Khatoon, the mother of the victim girl, is that on 11.05.2017 at about 4:30 PM, the victim aged about 13 years, had gone to answer the call of nature in the field-side. The appellant who is co-villager allegedly caught the victim from behind and committed rape against her. According to the informant, the victim was suffering from mental disability. After return to the home the victim disclosed everything what had happened with her. The people assembled for social resolution of the aforesaid act. However, the appellant refused to go by their verdict. Hence, the matter was reported to the police on 15.05.2017.