PAWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Mrigendra Kumar, learned counsel appearing for the appellant as well as learned APP for the State.

(2.) The present appeal preferred by above named appellant/convict challenging the judgment and order of conviction dtd. 20/9/2022 and order for sentence dtd. 23/9/2022 passed in Special POCSO Case No. 44/2018 arising out of Jehanabad P.S. Case No. 504/2018, whereby and whereunder learned District and Sessions Judge-VI-cum-Special POCSO Judge, Jehanabad convicted the appellant under Ss. 366-A and 376 of the Indian Penal Code (In short 'IPC') and Sec. 4 of the Protection of Children from Sexual Offences Act, (in short 'POCSO') convicting the appellant under Sec. 366-A of the Indian Penal Code and sentencing him to undergo RI for seven (07) years and fine of Rs.10,000.00 (Ten Thousand) in default of payment of fine, further to undergo SI for six (06) months, further appellant also convicted under Sec. 376 of the Indian Penal Code and sentenced to undergo RI for whole life and fine of Rs.10,000.00 (Ten Thousand) and in default of payment of fine, further to undergo SI for six (06) months. Appellant was also convicted under Sec. 4 of the POCSO Act and sentenced to undergo RI for whole life and fine of Rs.10,000.00 (Ten Thousand) and in default of payment of fine further to undergo SI for six (06) months.

(3.) The crux of prosecution case as it appears from the written information/ferdbeyan of informant Nishant Kumar (PW-1), who is the uncle of victim (PW-6) that her niece a student of class-IX, aged about 14 years is missing since 18/6/2018. He tried his best to search his niece/victim (PW-6), but he failed in his search and subsequently, on 20/6/2018, his friend, namely, Suryadeo Prasad (PW-4) told him that he saw his niece/victim (PW-6) on 16/6/2018 at about 8:00 AM at Patna Junction along with Pawan Kumar (appellant/convict), son of Satrughan Singh resident of mohalla Shyamnagar, district- Jehanabad. On the basis of said information, informant (PW-1) went to residence of appellant/convict and asked about his whereabouts from his parents, where he came to know that appellant/convict is also missing since 15/6/2018, for which information in writing was also given to Jehanabad Police Station. Informant (PW-1) expressed his suspicions that his niece/victim (PW-6) was kidnapped by appellant/convict, namely, Pawan Kumar for purpose of marriage.