KARU SINGH @ ANISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dtd. 19/12/2023 and 21/12/2023 respectively, passed by learned Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-VII, Gaya, in POCSO Case No. 17 of 2022 arising out of Mahkar P.S. Case No. 83 of 2021, whereby all three appellants have been found guilty for the offence punishable under Sec. 376-D of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for remainder of the natural life and to pay a fine of Rs.70,000.00 each. In case of default to pay the fine, the appellants have been directed to undergo further simple imprisonment for one year and two months.

(2.) The prosecution case as emerging from the written report of the victim/informant addressed to Officer-in-charge, Mahkar Police Station, Gaya is that the informant is 14 years old. On 16/10/2021 she had gone to see Durga Pooja. At 11:00 O'Clock in the night, appellant Shashi Singh called her by his mobile number 6203025364 on her mobile bearing number 8434869849 and stated to her that her mother is calling her at home. She started going her home. On way in the village, appellant Shashi Singh, Dhiraj Kumar and Karu Singh forcibly caught hold of her and lifted her and took her to the roof of +2 College where she was raped by them one by one. After the rape, appellant/Karu Singh asked the co-accused to kill and throw her. But appellant Dhiraj Kuamr and Karu Singh cautioned that they would get implicated in a murder case. Appellant/Dhiraj Kumar clicked her photographs. Seeing the passers-by, all three appellants left her and fled away. Hence, she was saved. On account of the occurrence, she had left her home for committing suicide but she was saved by one old man and one old lady.

(3.) On the basis of the written report of the informant, Mahkar P.S. Case No. 83 of 2021 was registered on 23/10/2021 against all three appellants for the offence punishable under Ss. 376(3), 376(D) and 376(DA) of Indian Penal Code and Sec. 6 of the POCSO Act.