KUMOD MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 374 (2) of the Code of Criminal Procedure for setting aside the judgment of conviction dtd. 25/1/2021 and the order of sentence dtd. 29/1/2021 passed by Sri Motish Kumar Singh, the learned Additional Sessions Judge-I-cum-Special Judge, (POCSO), Saharsa in POCSO Case No. 20 of 2018, arising out of Saharsa Mahila P.S. Case No. 15 of 2018, whereby he has been convicted and sentenced as under:- <FRM>JUDGEMENT_34_LAWS(PAT)9_2023_1.html</FRM>

(2.) All sentences have been ordered to run concurrently and benefit of Sec. 428 of Cr.P.C. has been ordered to be given.

(3.) The victim (PW-8), who is a minor girl of 12 years of the age (as per prosecution version), has given her Fardbeyan before S.H.O., Simri police station on 1/3/2008 at about 10:30 P.M. stating therein that on 27/2/2018 at about 3:00 P.M., she was scraping grass in the maize filed situated towards western side of her house. Meanwhile, the appellant aged about 28 years came there and he forcibly put off her pant, gagged her mouth, pointed a Kachiya (a sharp edged weapon) on her neck and threatened her to kill, had she raised hue and cry. Thereafter, he committed rape upon her. The victim started writhing due to pain and hearing the sound of writhing, Tetri Devi (PW 7), who was also scraping grass at some distance, rushed there. She tried to save the victim, but the appellant scuffled with P.W. 7 and after twisting her hands, he fled away. The victim also stated further that due to rape committed by the appellant, she started profusely bleeding. P.W. 7 started shouting whereupon the mother of the victim (PW-1), her father (PW-2) and villagers Shashidhar Mandal (PW-4), Varun Mandal (not examined), Siromani Patel (PW-6), Triveni Mandal (not examined) and other villagers rushed there. Having seen the persons coming, the appellant fled away towards eastern direction. The persons, who came there, saw the prosecutrix in nude condition and after changing her clothes (pant and frock), they brought her to Basnahi police station where the written report was given, but the S.H.O., Basnahi police station did not register the FIR. Having no option, the victim along with her parents and villagers went to Mahila police station, Saharsa and thereafter, the F.I.R. was registered.