SUNNY DEOL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Sunny Deol has questioned the correctness of his conviction in Special (POCSO) Case No.29 of 2014, arising out of Patna Kotwali P.S. Case No.489 of 2014. The learned trial Judge (1stAdditional Sessions Judge, Patna) by the impugned judgment dated 16.01.2017 found the appellant guilty for offences under Section 376 of the Indian Penal Code as well as under Section 4 of the POCSO Act. The learned trial Judge has, by order dated 21.01.2017, awarded ten years rigorous imprisonment and a fine of rupees ten thousand under both the aforesaid heads. In default of payment of fine; the appellant would undergo further six months imprisonment. The sentences have been ordered to run concurrently.

(2.) A conjoint reading of the written report of the victim dated 10.08.2014 (Exhibit-1) and her statement recorded under Section 164 Cr.P.C. on 11.08.2014 vide Exhibit-2 discloses the following prosecution case:

(3.) During trial prosecution examined altogether seven witnesses. PW 1 Ramesh Rai is cousin brother of the victim and is a hearsay witness of the occurrence. PW 2 Dr. Bibha Sinha had medically examined the victim. PW 3 Munna Rai is full brother of the victim and has supported the prosecution case as hearsay witness, PW 4 Lakho Devi is mother of the victim, PW 5 the victim girl herself and PW 6 Pappu Kumar Rai, a cousin brother of the victim has turned hostile. PW 7 Punam Chaudhary is Investigating Officer of this case.