MD. WASHI @ WASHI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The sole appellant has been convicted under Section 376 of the I.P.C. and Section 6 of the POCSO Act, 2012 by judgement dated 18.08.2017 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, Muzaffarpur in connection with Trial No. 5 of 2014 and by order dated 23.08.2017, the appellant has been sentenced to undergo RI for 10 years and a fine of Rs. 10,000/- (ten thousand) and in default to further suffer imprisonment for one year for the offence under Section 6 of the POCSO Act, 2012. No separate sentence has been awarded under Section 376 of the I.P.C. in view of the provisions contained in Section 42 of the POCSO Act, 2012.

(3.) The appellant is said to have ravished a girl of four years, who is the niece of informant/P.W. 8. The case of the prosecution rests on the F.I.R. lodged by Md. Kurban/P.W. 8. He has alleged that while his niece/victim was playing outside his house along with the other children, on 02.03.2014 at around 10.00 A.M., the appellant gagged her, took her to a drain near the house and subjected her to rape. He is also said to have assaulted the victim.