MD. MUMTAZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. Abdul Mannan Khan, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.

(2.) Convicted for the offences under Sec. 376 of the Indian Penal Code and Sec. 4 of the POCSO Act, 2012, vide judgment dtd. 30/1/2017 passed by the learned Additional District and Sessions Judge 1st, Jamui and on the same date sentenced to imprisonment for life, to pay a fine of Rs.30,000.00 and in default of payment of fine, to further suffer imprisonment for one year, the appellant has approached this Court assailing the judgment of the Trial Court.

(3.) A plain reading of the FIR lodged by the father of the victim, viz., Md. Kalam (PW-4) initially gave an impression that a ghastly crime has been committed by the appellant on a seven year old girl, who is not even in a position to state basic facts correctly before the Court, but the evidence revealed otherwise.