AMAR SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned APP for the State.

(2.) By the impugned judgement of conviction dtd. 28/2/2020 and order of sentence dtd. 29/2/2020 passed by learned Additional District and Sessions Judge-1st Cum Special Judge (POCSO Act), Muzaffarpur in Trial No. 22 of 2020 arising out of Bochaha P.S. Case No. 277 of 2019 corresponding to G.R. Case No. 85 of 2019, the appellant has been convicted and sentenced as under:

(3.) The victim is the informant of the case on whose fardbeyan recorded by Sub-Inspector of Bochaha Police Station, Bochaha P.S. Case No. 277 of 2019 came to be registered. She alleged in her fardbeyan that when she was sleeping with her parents in her house after having had the dinner at about 11.00 P.M. in the night, the appellant and three associates entered into her house, closed her mouth and abducted her. They took her to a Litchi orchard and committed rape upon her one by one. The F.I.R. was registered for the offences punishable under Sec. 376 of the IPC, 4/8 of POCSO Act and 3(i)(x) of the SC/ST Act. The informant claimed her age to be 15 years as on the date of occurrence. The police, upon completion of investigation, submitted charge-sheet for the commission of the offence punishable under Ss. 376D, Sec. 6 of the POCSO Act and 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1975, against this appellant, keeping investigation pending against others. After the cognizance was subsequently taken of the aforesaid offences and charges were framed against this appellant for commission of the offences punishable under Sec. 376D of the IPC, Sec. 6 of the POCSO Act and 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1975. The appellant pleaded not guilty and claimed to be tried.