SARYU MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure assailing the judgment of conviction dtd. 30/11/2021 and an order of sentence dtd. 6/12/2021 passed by the Special Judge, Exclusive POCSO Court cum ADJ-VI, Gaya, in connection with POCSO Case No. 52 of 2019 CIS No. POCSO 52/2019 arising out of Fatehpur P.S. Case No. 124 of 2019 whereby and whereunder, the appellants have been convicted and sentenced as under:-

(2.) The age of the victim for the purpose of present adjudication is not in dispute. In the FIR, the victim's age has been mentioned as three years by her mother who is the informant. During the medical examination, her age has been found to be 3 to 4 years. In the assessment of the trial court, as on the date of her evidence on 27/1/2021, the victim's age was four years.

(3.) A written complaint of the victim's mother (PW-1) addressed to the Officer-in-charge of Fatehpur PS dtd. 24/5/2019 is the basis for registration of the connected Fatehpur PS Case No. 124 of 2019 disclosing commission of the offences punishable under Sec. 376AB of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to the as the 'POCSO Act' in short). It was alleged in the written complaint of the informant that in the night of 23/5/2019, the informant and other family members were sleeping after having taken their meals. At about 3:00 am when the informant's son (not examined), returned after having attended a marriage function, he noticed the absence of the victim in the house. During the course of rigorous search for her they learnt that these appellants had kidnapped the victim and taken her to Sevari Nagar village and and committed rape upon her. When the villagers raised hulla, they escaped leaving the victim behind. The victim was subjected to medical examination on 25/5/2018 at 2:25 pm. The Doctor (PW-2) found rupture of hymen and third degree perineal tear. Scratch marks on the face and neck of the victim of 48-72 hours of duration were also found.