NAGINA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants aforesaid faced trial in connection with Digha P.S. Case No. 337 of 2014 corresponding to POCSO Case No. 76 of 2014 before learned Special Judge, Patna and both were sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.25000/- for offence under Section 4 of the POCSO Act. Three months further imprisonment was ordered in default of payment of fine.

(2.) When the matter was taken up for final hearing on 16.04.2020, Mr. Jitendra Kumar Rai, learned counsel for appellant Lallu Rai informed the Court that Lallu Rai has already died while serving out the sentence. His legal heirs are not ready to prosecute the matter. Mr. Zeyaul Hoda, learned APP for the State concedes that in the aforesaid circumstance, the appeal may be dismissed as infructuous. Accordingly, Cr. Appeal (SJ) No. 2521 of 2017 stands dismissed as infructuous.

(3.) Prosecution case as disclosed in the written report dated 27.12.2014 of Phul Kumari Devi (PW-4) is that on 20.12.2014, a Saturday at 5 AM, both the appellants lifted to the minor daughter of the informant from the house and took to the brick kiln near Ganga Bank and both ravished her. At the time of occurrence, the informant was at her vegetable shop near Digha ghat. In the evening at 3 PM, neighbour informed about the occurrence. Then the informant rushed to her house and found her daughter in semi-unconscious condition. There was injury and bleeding from the private parts of the victim. On the basis of the statement aforesaid, Digha P.S. Case No. 337 of 2014 was registered under Section 376(2)(f)/34 IPC as well as 4 and 6 of the POCSO Act.