MIRAJ MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) By the impugned judgment and order dtd. 29/1/2021/ 30/1/2021 passed by the learned Exclusive Special Court (POCSO) cum Additional Sessions Judge-VI, Rohtas at Sasaram in POCSO Case No. 20 of 2018, Kargahar P.S. Case No. 131 of 2018, the appellant has been convicted and sentenced as under:- <IMG>JUDGEMENT_71_LAWS(PAT)7_2023_1.jpg</IMG>

(2.) The victim's name is not being disclosed in the present judgment in tune with the requirement under Sec. 228A of the Indian Penal Code and has been referred to as the child/victim in the present judgment.

(3.) Father of the victim is the informant on whose fardbeyan Kargahar P.S. Case No. 131 of 2018 came to be registered for commission of offence punishable under Sec. 376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act in short). According to the fardbeyan recorded by an Assistant Sub-Inspector of Police at Sadar Hospital, Sasaram at Sadar Hospital, Sasaram on 10/4/2018, at about 8:00 p.m., on the said date, at 1:00 p.m. when he was nearly 500 yards away from his house, he heard cries from a nearby hut. No sooner did he reach near the hut, he saw the appellant fleeing away. He thereafter saw his minor daughter completely nude and profusely bleeding. He managed to lift her daughter to his house. He, thereafter rushed to apprehend the appellant and after having apprehended him, produced before the police at the police station. In the meanwhile, the informant' s wife also came to the police station with the victim. On having been enquired by the police officials at the police station, the victim disclosed the name of the appellant, who had taken her inside the hut and committed wrong with her (gandaa-kaam). This led to registration of the aforesaid F.I.R. The appellant was arrested on 10/4/2018 itself and was remanded to judicial custody on 11/8/2018. The victim was examined by a Medical Board constituted by the Deputy Superintendent, Sadar Hospital, Sasaram on 10/4/2018 at 8:30 PM before which she was taken to Primary Health Centre, Kargahar. Following is the finding of the Medical Board:-