MD. REHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the criminal appeals arise out of common judgment of conviction dtd. 31/3/2016 and order of sentence dtd. 4/4/2016, hence after being heard together, they are being disposed of by a common judgment.

(2.) By the judgment of conviction dtd. 31/3/2016 and order of sentence dtd. 4/4/2016 passed by Sri Satyendra Rajak, 1st Addl. Sessions Judge-cum-Special Judge, Purnea in Session Trial No. 03 of 2014, CIS No. 08/2014 arising out of Dagarua P.S. case No. 15/2014, the appellants namely Md. Rehan (appellant in Cr. Appeal (DB) No. 1058 of 2016) and Md. Azaz @ Babo (appellant in Cr. Appeal (DB) No. 482 of 2016) have been convicted for offence punishable under Sec. 376D, 302, 201 of Indian Penal Code (hereinafter referred to as 'I.P.C.') and Ss. 4 and 6 of POCSO Act, 2012 and have been sentenced to undergo rigorous imprisonment for life under Ss. 376D, 302 and 201 of I.P.C. and a fine of Rs. one lakh, one lakh and Rs. 10,000/- each respectively. The appellants have further been sentenced to undergo rigorous imprisonment for life under Sec. 4 and 6 of the POCSO Act and a fine of Rs. 10,000/- and 30,000/- each respectively with further direction that all the sentences awarded to both the appellants have been directed to run concurrently.

(3.) The prosecution case, as per the fardbeyan of informant Md. Wasik recorded by S.I. Rakesh Prasad of Dagarua Police Station on 27/1/2014 at 09.45 a.m. at his house is that on 26/1/2014 at 06.00 p.m., when the informant did not find his daughter namely Sufiyana @ Sofa Pravin at his house then he and his family members started searching her in the nearby areas and also inquired about her from the relatives, but he has not been able to find her and as such, they returned home. In the morning of 27/1/2014 (wrongly written in F.I.R. as 27/1/2013), when the informant and family members again went in search of the victim, a fisherman namely Sahdeo Mahaldar came near the Sakrail Primary School and told informant's mother that the dead body of a girl is lying in Purpuria ditch of Manen river. Upon reaching at the spot, the informant's mother saw that the dead body of informant's daughter Sufiyana Pravin @ Sofa was lying and blood was found in her pajama. Thereafter, the dead body of the informant's daughter was brought to the house by the mother with the help of informant's uncle and nephew. The informant also joined them on the way. It has further been stated that upon reaching home, mother of the informant saw that blood was coming from private part of the deceased girl in which a piece of lungi measuring 6 inch was tied. Thereafter, information was given to the police and the police reached there. The informant suspected that some unknown persons murdered her daughter after committing rape and threw the dead body near the Purpuria ditch. On the basis of fardbeyan of the informant, Dagarua P.S. case No. 15/2014 dtd. 27/1/2014 was registered under Ss. 376, 302, 201/34 of the I.P.C. and Sec. 4 of the POCSO Act.