BISHNU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the State.

(2.) This revision petition has been preferred against the order dtd. 04.09.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Vaishali at Hajipur and order dtd. 06.12.2017 passed by the Additional Sessions Judge I -cum-Special Judge, Vaishali at Hajipur in Criminal Appeal No 85 of 2017 arising out of Bhagwanpur Police Station (for brevity, PS) Case No 130 of 2016 registered under Sections 363, 302, 376D, 201 of the Indian Penal Code (for brevity, IPC) and Sections 4, 6, 8 and 10 of Protection of Children from Sexual Offences Act.

(3.) The above stated Bhagwanpur PS Case No 130 of 2016 was initially registered against unknown for the offences punishable under Sec. 363 of IPC on the basis of written report of the informant, who claimed that his grand-daughter aged about4 years was missing since 05.08.2016. Subsequently, the dead body of victim was recovered after 3-4 days from behind the Bathan of the petitioner and, accordingly, Sec. 302 and other sections were added. The prosecution witnesses as well as police claimed that the petitioner as well as co-accused Kundan Kumar were apprehended and confessed their guilt disclosing that they not only raped, but also committed murder of deceased.