SAWAL KARMAKAR @ SABAL KARMAKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.P.P. for the State.

(2.) This criminal appeal has been filed against the judgment and order of conviction dated 04.08.2014 and order of sentence dated 12.08.2014 passed by the Additional District & Sessions Judge-I-cum-Special Judge, Katihar in Sessions Trial No.430 of 2013, arising out of Azamnagar P.S. Case No.128 of 2013, whereby the learned trial Court convicted the accused Sawal Karmakar for the offence punishable under Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter in short referred to as the 'POCSO Act') and sentenced him to undergo rigorous imprisonment for 10 years for the offence punishable under Section 4 of the POCSO Act and further sentenced him to undergo rigorous imprisonment for 10 years under Section 6 of POCSO Act. Both the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Azamnagar P.S. Case No.128 of 2013 was initially instituted under Section 307 & 376 of the Indian Penal Code and subsequently added Section 4 and 6 of the POCSO Act against the accused Sawal Karmakar, on the basis of written report of one Lakhi Devi, wife of Mangal Sah, resident of village Harlagga, P.S. Azamnagar Salmari O.P., District Katihar with the allegation in succinct that on 16.06.2013 at around 6:30 PM when she was cooking food, Lakhi Kumari, the daughter of Bablu Karmakar came and took her daughter Jyoti Kumari aged about 5-6 years to play with her. When she did not regress to her house by 8:30 PM, she started searching her. During course of search, she witnessed her daughter stepping out from the house of Sawal Karmakar weeping in nude condition and on quizzing her about reason of weeping, she divulged that Sawal Karmakar took her to the bamboo cluster and committed rape against her. Thereafter, he took her near the ditch and made her to take dip in the ditch water several times. After divulging the said occurrence, her daughter fell senseless in her lap. She found blood oozing from her private part. Then, she rushed to the house of Sawal Karmakar making hulla. Responding hulla villagers rushed there and seeing the congregation of the villagers Sawal Karmakar left the scene rapping expletive. Alam alias Bhutu divulged her that he had listened the screaming sound from near the bamboo cluster. He rushed there and took her daughter out of water and grilled her about her presence there. She has claimed that the accused Sawal Karmakar committed rape against her daughter and tried to eliminate her in order to cause the evidence of the commission of the occurrence to disappear.