T MATHEW @ TOM MATHEW Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, T.Mathew @ Tom Mathew has been found guilty for an offence punishable under Section 376 of the IPC and for that no separate sentence has been inflicted under Section 4 of the POCSO Act whereunder he has been directed to undergo R.I. for the seven years as well as to pay fine appertaining to Rs. 50,000/- in default thereof, to undergo S.I. for six months, additionally vide judgment of conviction dated 02.04.2018 and order of sentence dated 10.04.2018 passed by First Additional Sessions Judge-cumSpecial Judge, POCSO Act, Madhepura in POCSO Case no.20/2017 arising out of Madhepura P.S. Case No421/2017.

(2.) At the time of hearing of prayer for bail having been made at the end of the appellant, the lower court record as well as judgment impugned has been gone through and during course thereof, it has found that there happens to be utter violation of mandatory provisions of law so prescribed while conducting the trial under POCSO Act and that being so, the instant appeal has been directed to be listed for hearing in out of turn manner.

(3.) Informant (name withheld, PW.2) who happens to be a minor girl, a victim of rape allegedly at the end of the appellant under whom, she was for the last five years. At an earlier occasion, while wife of accused/appellant was away, she was raped which was disclosed to the wife of appellant who, instead of taking proper steps, assaulted her on the pretext that false accusation is being levelled by her, promoted her to go to police station after repetition of the aforesaid sexual assault over her where she gave her fardbeyan and on the basis thereof, Madhepura P.S. Case No.421/2017 has been registered, investigated, charge sheeted and the same happens to be the basis for conduction of the trial with the ultimate result, subject matter of instant appeal.