SRILAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal is against conviction. The sole appellant faced trial before learned Special Judge, POCSO, East Champaran in POCSO Trial No. 47 of 2017 corresponding to CIS No. 47 of 2017, arising out of Raxaul P.S. Case No. 242 of 2016. By the impugned judgment dtd. 14/11/2019, the learned trial Judge convicted the appellant for offences under Ss. 341, 323 and 366 of the Indian Penal Code as well as under Sec. 8 of the POCSO Act. By the impugned order of sentence dtd. 19/11/2019, one month simple imprisonment was awarded for offence under Sec. 341 IPC, 6 months imprisonment was awarded for offence under Sec. 323 IPC and 6 years imprisonment along with fine of Rs.10,000.00 was awarded for offence under Sec. 366 IPC. Four years imprisonment along with fine of Rs.10,000.00 was awarded for offence under Sec. 8 of the POCSO Act. The learned trial Judge acquitted the appellant of the charges under Ss. 376(D) and 504 IPC.

(2.) PW-1 Shankar Sah initially filed a complaint case before the Chief Judicial Magistrate, Raxaul vide complaint case no. 240 of 2016 on 22/9/2016 which was transmitted by the Magistrate for institution of a police case on 25/10/2016 and accordingly the F.I.R. of Raxaul P.S. Case No. 242 of 2016 was registered on 3/11/2016 for offences under Ss. 366A, 376, 323, 341 and 504/34 of the Indian Penal Code as well as under Ss. 4 and 5 of the POCSO Act.

(3.) According to complaint based F.I.R., the minor daughter of the informant aged about 14 years who was a student of class VIII in Phulchand Sah Middle School, Raxaul had gone to attend call of nature at 7 PM on 18/9/2016. At that time, appellant and other six named who are father and siblings of the appellant forcefully kidnapped her with intent to ravish her. When the complainant asked the accused persons about whereabout of his daughter, they started hurling abuses and committed assault. The complainant went to the police station, but the police refused to register the case, hence complaint petition was filed on 22/9/2016 after recovery of the victim girl on 21/9/2016 in unconscious condition near railway crossing. On gaining consciousness, the victim disclosed that she was taken to Nepal by the kidnappers.