SHONU KUMAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has questioned his conviction for offences under Ss. 366A and 376 of the Indian Penal Code as well as under Sec. 4 of the POCSO Act, recorded by the learned Special Judge, Madhubani, in Jaynagar P.S. Case No.168 of 2016, corresponding to G.R. No.1548 of 2016. The judgment of conviction was passed on 24/9/2019 and by order of sentence dtd. 25/9/2019 the learned trial Judge awarded ten years rigorous imprisonment and a fine of rupees ten thousand for each of the three offences. Sentences are to run concurrently.

(2.) The prosecution case as disclosed in the written report of PW 7, Ashok Paswan, is that his daughter, aged about 12 years, had gone to the market on 9/7/2016, at about 5 PM, along with her elder sister Chanda Kumari (PW 3) and a friend Sarita Kumari (PW 2). Sarita and Chanda went inside a shop whereas the daughter of the informant stayed on the road alone. In the meantime, the appellant came on a motorcycle and got the daughter of the informant seated on rear and kidnapped her. The two girls made alarm, however, the appellant had already fled away from there. The parents of the appellant were also alleged to be involved in the said kidnapping. The informant kept persuading the family members to bring back the girl, even panchaity was convened but it proved futile.

(3.) Thereafter, the written report was lodged on 23/7/2016. The victim suo motu appeared before the Mahila P.S. Madhubani and her medical examination was done on 27/8/2016 vide medical report as Exhibit-5 and her statement under Sec. 164 Cr.P.C. was recorded on 29/8/2016 before the Magistrate vide Exhibit-1.