PAWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Pawan Kumar has been found guilty for an offence punishable under Section 376 of the I.P.C., but no sentence has been inflicted therefor, probably under the guise of Section 42 of the POCSO Act, under Section 4 of the POCSO Act whereunder directed to undergo R.I. for eight years as well as to pay fine appertaining to Rs.5,000/- and in default thereof, to undergo R.I. for six months by the 1st Additional Sessions Judge-cum-Special Judge, POCSO, Gaya in POCSO Case No.15 of 2016 vide judgment of conviction dated 14.12.2016 and order of sentence dated 19/21.12.2016.

(2.) Sita Devi (PW-2) filed written report on 28.03.2016 disclosing therein that on the same day at about 10.00 A.M., her daughter (name withheld, PW-4) has gone to school. While she has gone to hand-pipe for fetching water, Pawan Kumar, who was present since before, caught hold her and committed rape. Due to severe pain, her daughter cried attracting other students including Rinku Kumari, Anjani Kumari and Babita Kumari (not examined), seeing whom, Pawan Kumar escaped there from. The maid-servant having been engaged at the school has also seen the occurrence. Then thereafter, she has taken the daughter to the police station.

(3.) After registration of Paraiya P. S. Case No.44 of 2016, investigation commenced and after concluding the same, chargesheet was submitted, whereupon trial commenced and concluded in a manner, subject matter of instant appeal.