ABHISHEK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 374(2) of the Code of Criminal Procedure for setting aside the judgment of conviction 29/5/2023 and order of sentence dtd. 31/5/2023 passed by the learned 1st Additional Sessions Judge-cum-Special Judge Children's Court, Jehanabad, in Children Case No. 03 of 2019, arising out of Jehanabad Mahila P.S.Case No. 55 of 2018, whereby the appellant has been convicted and sentenced as under:- <IMG>JUDGEMENT_5_LAWS(PAT)1_2025_1.jpg</IMG>

(2.) The victim is a minor girl of 7-8 years of the age. The allegation against the appellant, who himself is a juvenile, is that he committed rape/penetrative sexual assault upon the victim.

(3.) The maternal grand-father of the victim (PW-3) lodged FIR on 21/10/2018 at 8.50.pm, stating therein that on 21/10/2018 at about 2.00 p.m., the appellant who is his covillager was requested to park a motorcycle in courtyard of the informant and thereafter to give the keys to his grand-daughter (the victim). The victim in order to take the keys, went there and the appellant committed rape with her.