DIPAK THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal preferred by appellant/convict Dipak Thakur @ Dipu Thakur against judgment of conviction dtd. 18/11/2019 and order of sentence dtd. 22/11/2019 passed by the learned Additional District & Sessions Judge 1st-cum-Special Judge, Siwan in POCSO Tr. No. 100/2019, CIS Registration No. 19/2018 arising out of Siwan Mahila P.S. Case No. 10/2018 whereby and whereunder the appellant/convict has been convicted and sentenced to undergo R.I. for ten years and fine of Rs.1,00,000.00 (Rupees one lacs only) for the offences under Sec. 376 of the Indian Penal Code, 1860 and Sec. 6 of the POCSO Act and in default of payment of fine, he shall further undergo one year of R.I.

(2.) The crux of prosecution, as it appears from the written information of the informant/PW-2,, namely, Guddu Sharma that on 9/3/2018 at about 11.30 AM, while his wife with her children was at her parental home, his cousin brother-in-law Dipu Thakur (appellant), after taking his child inside, while she was playing with another childrens, committed rape upon her. His child came to home having tears in her eyes and shown to her mother stating that look what Dipu Mama had done. His wife along with his child went to the house of Dipu Thakur to show that what he has done to her child. The two sister-in-laws (bhabhi) of the accused were started crying to know the same but the mother did not believe the same. She only believed when her daughter-in-law told about the occurrence.

(3.) With aforesaid written information of PW- 2/informant, Mahila P.S. Case No. 10/2018 was lodged for the offences under Sec. 376 of Indian Penal Code, 1860 and under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012.