MANI TANTI @ MONI TANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has preferred this Criminal Revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000, against the Judgment dated 4.5.2012 passed in Criminal Appeal No.41 of 2011 by which the court of Sessions Judge, Katihar, dismissed the aforesaid Criminal Appeal of the petitioner, affirming the Judgment and Order dated 23.8.2011 passed in G.R. No.507 of 2003 by the Juvenile Justice Board, Katihar, who held the appellant-petitioner guilty under Section 377 of the Indian Penal Code and ordered to send him to Special Home for a period of two years with a direction to set-off the period for which he has already been detained in course of investigation and enquiry.

(2.) The prosecution case, in brief, is that the informant, Gaytri Devi (P.W.4), gave her fardbeyan (Ext.2) on 30.3.2003 at about 1.00 P.M. at Mufassil Police Station, Katihar, to the effect that on 30.3.2003, in the morning, she was watching television programme "Vishnu Puran" alongwith the neighbours in her house and her husband had gone outside the village in connection with irrigating the vegetable filed. After watching "Vishnu Puran" her neighbours returned to their houses, while her neighbour, Moni Tanti (petitioner), started to play with her daughter, Khushbu. Thereafter, she entered in her house to take meal. In the meantime, she heard the sound of weeping and crying of her daughter, Khushbu, then she came outside the house to enquire about the same on the advice of her mother-in-law and saw that Moni Tanti (petitioner) was fleeing towards the field from Banana Orchard and her daughter, Khushbu, was weeping in a naked condition. She reached near her daughter and made query about her weeping, then she told that Moni Tanti (petitioner) on unfolding her paint entered his penis in her anus by pulling her buttock. She and her husband saw the redness around the anus and also the viscous materials on the buttock of her daughter.

(3.) On the basis of the aforesaid fardbeyan of the informant, Gaytri Devi (P.W.4), Katihar (Mufassil) P.S. Case No.134 of 2003 was instituted under Section 377 of the Indian Penal Code against the petitioner. In course of investigation, the petitioner was arrested and produced before the court of the Chief Judicial Magistrate, Katihar, who assessing the age of the petitioner as 12 years, sent him in a remand home.