SONU Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals have been preferred for setting aside the judgment of conviction dtd. 11/8/2021 (hereinafter referred to as the 'impugned judgment') and the order of sentence dtd. 17/8/2021 (hereinafter referred to as the 'impugned order') passed by learned Exclusive Special Judge (POCSO), Saran at Chapra (hereinafter referred to as the 'learned trial court') in Sessions Trial (POCSO) No. 86 of 2019 arising out of Chapra Town P.S. Case No. 446 of 2019.

(2.) By the impugned judgment, the appellants have been convicted for the offences punishable under Sec. 376D Indian Penal Code (in short 'IPC') and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act' or the 'Act of 2012') and by the impugned order, the appellants have been ordered to undergo rigorous imprisonment for twenty (20) years with a fine of Rs.20,000.00 and in default of payment of fine, they have to further undergo simple imprisonment for three months.

(3.) The prosecution story is based on the fardbeyan of the victim (PW-4) recorded by S.I. Kumari Vibha Rani of Saran Mahila P.S. on 10/8/2019 at 21:10 hours at Patna Medical College and Hospital, (in short 'P.M.C.H.'), Patna. In her fardbeyan, she has stated that on 10/8/2019 at about 12:00 Noon when she was returning from her school after appearing in the examination, on the way, (1) Dhyani Sharma, (2) Sonu @ Tarzan and (3) Atish Kumar forcibly grabbed her, pressed her mouth and took her to the office of Gyani Sharma, Ward Commissioner where firstly, Dhyani Sharma raped her, thereafter Sonu @ Tarzan raped her and when she started bleeding then Atish Kumar raped her as a result of which when she started bleeding profusely, then all the accused persons left her there. Thereafter, she somehow managed to reach her house where she told about the incident to her mother then her family members took her to Sadar Hospital, Chapra where she was referred to another hospital for better treatment.