LAWS(PAT)-2017-10-8

LAKSHMAN MANJHI Vs. THE STATE OF BIHAR

Decided On October 03, 2017
Lakshman Manjhi Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned APP for the State and perused the record.

(2.) This appeal has been preferred against the Judgment and Order of conviction dated 21.09.2015 and order of sentence dated 23.09.2015 passed by the 1st Additional Sessions Judge, Jehanabad in POCSO case no. 07 of 2014 G.R. no. 420 of 2014 arising out of Jehanabad Mahila P.S. Case No. 12 of 2014, whereby the learned lower court convicted the appellant for the offence punishable under Section 376(2)(i) of the Indian Penal Code and Section 6 read with Section 5(m)(n) of the POCSO Act and sentenced him to undergo R.I. for ten years and also slapped him with a fine of Rs. 10,000/- and in default of payment of fine to undergo R.I. for one year under Section 6 read with section 5(m)(n) of the POCSO Act. While no sentence was awarded under Section 376(2)(i) of the Indian Penal Code.

(3.) The factual matrix of the case is that Jehanabad Mahila P.S. Case no. 12 of 2014 was instituted under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act against the appellant (Lakshman Manjhi) on the basis of fardbeyan of Sarita Devi W/o Sanjay Manjhi R/o Village-Dharmpur O.P. Kalpa P.S. Town District-Jehanabad recorded by S.I. Shivnandan Sahni on 26.02.2014 at 20:00 hrs. in village-Dharmpur with the allegation, in succinct that, on 26.02.2014 at about 12:00 O'clock, she had gone to bathan for grazing her cattle and when she regressed to her house at about 07:00 PM, she found her daughter Khusboo Kumari aged about 6 years weeping. On quizzing her, she divulged that her cousin Lakshaman Manjhi had taken her to the mustered field on the pretext of giving her peas and committed rape against her and then she observed private part of her daughter, disrobing her attire and found blood oozing from it.