SONU KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Code') challenging the judgment of conviction dtd. 7/12/2018 and order of sentence dtd. 18/12/2018 passed by learned Special Judge, POCSO Act, Kaimur at Bhabhua in connection with Sessions Trial (POCSO) No. 27 of 2017 arising out of Ramgarh P.S. Case No. 104 of 2017, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Sec. 366A and 376 of the Indian Penal Code and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, whereby and whereunder the appellant has been found guilty for committing offence under Sec. 376 (2) (N) of the I.P.C. and sentence of 12 years has been awarded to convict with a fine of Rs.50,000.00 and in default of payment of fine, additional punishment of rigorous imprisonment for 6 months has been awarded. Sunita Kumari, who is also a co-accused in this present matter, has already been acquitted.

(2.) As per the prosecution case, the victim went to Ramgarh Bazaar with Rashmi Devi, Rashmi Devi got a call from Sunita Kumari wherein a male started talking and said that he is the son of victim's maternal uncle and is coming to pick up her at Durga Chowk. Thereafter, victim went to Durga Chowk with Rashmi Devi and Rashmi Devi left for the Hospital. Sunita Kumari was there at Durga Chowk and the victim met some person with towel wrapped over his head who was siting on bike wherein Sunita Kumari had given some water to drink to the victim, which was alleged to be intoxicated and then she was taken away by the accused person on his bike. The same information was given later on 7/5/2017 to the police station at Ramgarh.

(3.) On the basis of written complaint, Ramgarh P.S. Case No. 104 of 2017 dtd. 7/5/2017 was registered and thereafter investigating officer commenced investigation. After investigation, the investigating officer submitted the chargesheet against the present Appellant.