MANJIT RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the impugned judgment of conviction and order of sentence dated and 24/9/2018, respectively passed by Ld. Additional District and Sessions Judge-Ist-cum-Special Judge (POCSO), Kaimur at Bhabhua in POCSO Trial Registration No. 21 of 2017, arising out of Bhabhua Mahila P.S. Case No. 34 of 2017, whereby the sole appellant has been found guilty of offence punishable under Ss. 376(2)(i) of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences (POCSO) Act and sentenced to undergo R.I. for 15 years and to pay a fine of Rs.50,000.00 under Sec. 376(2)(i) of the I.P.C. In case of default to pay the fine, he has been ordered to undergo additional R.I. for six months. But no sentence was passed under Sec. 4 of the POCSO Act.

(2.) On the basis of the written report, Bhabhua Mahila P.S Case No. 34 of 2017 was registered on 15/5/2017 against the sole appellant for the offence punishable under Sec. 376 of the Indian Penal Code and Sec. 4 of the POCSO Act, 2012.

(3.) The prosecution case as emerging from the written report of the informant/Mithlesh Ram addressed to Officer-in- Charge, Mahila Police Station Bhabhua, Kaimur, is that his 11 year old daughter was sleeping in her courtyard along with her mother and brother. All of a sudden, his son felt the urge to deficate. Hence his wife took his son outside. In the meantime, his co-villager Amarjeet Ram, entered his house and gagged his daughter and took her to his own house and committed rape on her. When his wife came back, she could not find her daughter in the courtyard. She heard the cries of her daughter coming from the house of Amarjeet. She tried to enter his house, but, Amarjeet stood at his door with a country made pistol (katta) in Patna High Court CR. APP (DB) No.1388 of 2018 dt.23/7/2024 his hand. He warned her that if she entered the house, she would be killed. He then pushed her out from his house. There were blood stains on her thighs and she was crying in pain.