LALU SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the Cr.P.C. putting to challenge the judgment of conviction dtd. 27/4/2019 and the order of sentence dtd. 30/4/2019, passed by the learned Additional Sessions Judge 1st- cum-Special Judge, Kaimur at Bhabhua, in POCSO Trial No. 46 of 2017 arising out of Bhabhua Mahila Police Station Case No. 71 of 2017, whereby the sole appellant has been convicted and sentenced as under: -

(2.) The victim's name has been concealed in the present judgment and order.

(3.) A written report of the informant 4/12/2017, which bears his LTI, is the basis for registration of the concerned Mahila (Bhabhua) Police Station Case No. 71 of 2017 disclosing commission of the offence punishable under Sec. 376 of the IPC and Sec. 6 of the POCSO Act. It was his allegation that on 3/12/2017, at 3 PM, his daughter (hereinafter referred to as 'the victim') had gone for guarding his potato field. In the meanwhile, the appellant, a co-villager, came and taking advantage of her solitude forcibly took her towards Durgawati river and committed rape on her. After the victim started screaming, the appellant fled away. Thereafter, the victim returned to her house and narrated the entire occurrence in the family. The informant and the informant's wife had seen blood stains on her leg. The victim was thereafter taken by him to the Sadar Hospital, Mohania, for treatment whereafter they came to the police station to get the case registered.