RAJESH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Rajesh Kumar, the appellant has been convicted under Section 366(A) / 34 of the Indian Penal Code by judgment dated 13.09.2017 passed by the learned Special Judge (POCSO Act & ST/ ST Act )-cum-Additional Sessions Judge, 1st, Sheikhpura in connection with SC/ST Case No. 54 of 2014, arising out of Sheikhpura Mahila P.S. Case No. 14 of 2013 and by order dated 18.09.2017, he has been sentenced to undergo rigorous imprisonment for five years, to pay a fine of Rs. 10,000/- and in default to payment of fine, to suffer further rigorous imprisonment for six months.

(2.) The appellant is said to have kidnapped the victim girl aged about thirteen years (at the time of the occurrence) and is also alleged to have subjected her to sexual intercourse.

(3.) The case of the prosecution is based on the written report of Khakhri Devi, the mother of the victim girl, who has been examined as P.W. 4 at the trial. In her written report which was lodged on 03.05.2013, she has stated that on 27.04.2013, her daughter viz. Khushboo Kumari aged thirteen years and student of Class-IX was taken away while she and her daughter had gone to witness Ramleela in the village. It was alleged by P.W. 4 that at the time when her daughter was taken away, she was wearing gold ornaments. On information to her that the appellant and two others have kidnapped her daughter, she went to the house of the accused persons but was abused and assaulted. On the basis of the aforesaid written report, a case vide Sheikhpura Mahila P.S. Case No. 14 of 2013 dated 03.05.2013 was instituted for the offences under Sections 341 , 323 , 504 , 506 , 366(A) and 34 of the Indian Penal Code.