ARJUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Arjun Kumar @ Prince faced trial in POCSO Case No. 06 of 2016 arising out of Dumrao P.S. Case No. 396 of 2015 for offence under Sections 363, 366A and 376 of the Indian Penal Code as well as 4 of the POCSO Act. By the impugned judgment dated 13.11.2017, the learned trial Judged found guilty and convicted to the appellant for offences under Sections 366A and 376 of the Indian Penal Code and 4 of the POCSO Act. By the impugned order of sentence dated 17.11.2017, the appellant was directed to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/- for offence under Section 366A IPC. Three months imprisonment was ordered for non-payment of the fine aforesaid. For the offence under Section 376 IPC, the appellant was sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs. 20,000/-. In default of payment of fine, three months imprisonment was ordered. No separate sentence under Section 4 of the POCSO Act was passed considering the provisions of Section 42 of the POCSO Act.

(2.) The prosecution case as disclosed in the written report of Pushpa Devi (PW-3) the mother of the victim girl, is that on 29.11.2015 at about 10 a.m., her daughter aged about 13 years left the house for getting tuition. The youngest son Niku Kumar aged about 10 years reported that he had seen the victim girl going on an auto rickshaw towards the railway station. Soon thereafter the appellant, from the referred mobile, called to the informant and said that he is along with the victim girl and he is taking her to Patna for marrying with her. The informant alleges that her minor daughter was induced by the appellant for the purpose of marriage. On the written report aforesaid, Dumrao P.S. Case No. 396 of 2015 was registered on 29.11.2015 itself. On 03.12.2015, the victim girl was found at the railway station Dumrao by the police vide evidence of the investigating officer (PW-6) in Para-6. Medical examination of the victim was done on 04.12.2015 vide report at Ext.-2 and her statement under Section 164 Cr.P.C. was recorded on 04.12.2015 itself vide Ext.- 1.

(3.) After investigation, the police submitted chargesheet and accordingly the appellant was put on trial. The prosecution examined altogether 10 witnesses.