SHEO KUMAR @ SHIV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant-Sheo Kumar @ Shiv Kumar has challenged herein, his conviction for offences under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offenses Act, 2012 (in short 'POCSO Act') by learned Special Judge, POCSO, Gaya in POCSO Case No. 57 of 2016 arising out of Gaya Mahila P.S. Case No. 79 of 2016. By the same judgment dated 20.05.2019, the learned Trial Judge acquitted the appellant of the charge under Section 3(1) (w) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. By the impugned order of sentence dated 25.05.2019, the learned Trial Judge awarded single punishment i.e. ten years rigorous imprisonment and a fine of rupees twenty thousand for the proved offences under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act. In default of payment of fine, three months rigorous imprisonment was ordered. The learned Trial Judge has ordered for compensation also, to be paid to the victim.

(2.) The prosecution case as disclosed in the written report of the victim-girl is that the victim, aged about fifteen years, was a student of Class-VIII in the Middle School, Sonbarsa. On 25.11.2016, a Friday, half-yearly examination was going on in the school and the victim had also gone to the school to appear in the examination. P.W. 5 Naveen Kumar Singh, a school teacher asked the victim to bring adhesive from the children in the new school building. At about 11:00, the victim went to the new building. There the appellant, who was another teacher in the school, caught her and dragged her inside the room and forcefully ravished her by opening her lower garments. When the victim was crying at the time of commission of rape, out of two students passing therefrom, Sonu Kumar @ Ravi Ranjan Kumar (P.W. 4) opened the door of the room then the appellant left the victim. Victim came to her parents and the teacher (appellant) fled away from the school. The victim disclosed everything what had happened against her to her mother. Thereafter, the parents went to school on Saturday but all had left the school till their arrival. On 28.11.2016 i.e. Monday, the appellant was caught by the villagers in the school and light assault was committed against him by the mob. Thereafter, appellant was handed over to the police.

(3.) The written report is Ext. 1 and the formal FIR is Ext. 3. The written report was submitted to the police on 28.11.2016 and the aforesaid FIR was registered. During investigation, the victim was medically examined by P.W. 14 Dr. Shakuntla Nag. The medical report is Ext. 5. On the very next day i.e. 29.11.2016 statement of the victim was recorded under Section 164 Cr.P.C. before the Magistrate. A copy of the same is Ext. 1/1. Ext. 4 is school transfer certificate of the victim wherein her date of birth is recorded as 4th February, 2000. The school certificate has been proved by P.W. 13 Akhilesh Das, who said that the certificate was in the writing of the Headmaster of the school, namely, Yugal Kishor Singh (D.W.1). D.W. 1 has also supported that he had issued the transfer certificate. Ext. 2 is endorsement on the first written report by the police officer disclosing registration of the police case number.