DOMAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant/convict under Sec. 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') challenging the impugned judgment of conviction dtd. 24/11/2022 and order of sentence dtd. 2/12/2022 passed by learned Exclusive Special Court (POCSO Act)-cum-7th Additional Sessions Judge, Bhagalpur in POCSO Case No.3935 of 2018 arising out of Kahalgaon P.S. Case No.499 of 2018, whereby the concerned Trial Court has convicted the appellant/convict for the offences punishable under Sec. 376 of the Indian Penal Code (for short 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act (for short 'POCSO Act) and sentenced to undergo Patna High Court CR. APP (SJ) No.274 of 2023 dt.6/8/2024 rigorous imprisonment for ten years with fine of Rs.10,000.00 and in default of payment of fine, to further undergo simple imprisonment for three months under Sec. 6 of the POCSO Act. No separate sentence is awarded for the offence punishable under Sec. 376 of the IPC.

(2.) The case of prosecution, in brief, as available through written information of informant/PW-1, which is the basis of FIR is that on 31/7/2018 at about 11.00 A.M., her neighbour, namely, Doman Mahto (appellant/convict), son of late Shankar Mahto came to her house and took away her daughter (victim)/PW-2 on pretext of providing biscuit. Whereafter, at about 12 O' clock, her minor daughter returned crying and said that appellant/convict made an attempt to commit wrong with her, from where she anyhow managed to escape. The appellant/convict was alleged to be in drunken condition.

(3.) With aforesaid factual allegation, informant/PW- 1 requested to the S.H.O., Kahalgaon Police Station for taking appropriate legal action against the appellant/convict, whom she handed over to police after apprehending him with Patna High Court CR. APP (SJ) No.274 of 2023 dt.6/8/2024 the help of others.