STATE OF BIHAR Vs. ROHAN BIND

JUDGEMENT

(1.) Dearth Reference No. 9 of 2017 has been referred under Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') for confirmation of death sentence of convict Rohan Bind, who has filed Cr. Appeal (DB) No. 20 of 2018 against his conviction and sentence and as such, both the matters were taken up together and are being disposed of by this common judgment.

(2.) The appellant Rohan Bind by judgment dated 16-11-2017 has been convicted under Sections 302, 376, 201 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Sections 4, 6, 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'). By order dated 29-11-2017, the sole appellant under Section 302 of the I.P.C. has been punished with death sentence. The convict has been directed to be hanged by neck till his death. Further a fine of Rs. 2,000/- (two thousand) has also been imposed under Section 302 of the I.P.C. and in case of default in payment of such fine, the convict-appellant was directed to serve simple imprisonment for two months. By the said order, under Section 201 of the I.P.C., the convict-appellant has been sentenced to undergo imprisonment for seven years and to pay fine of Rs. 2,000/- (two thousand), under Section 4 of POCSO Act, the convict-appellant has further been sentenced to undergo imprisonment for life and pay a fine of Rs. 2,000/- (two thousand) as alternative punishment for Section 376 of the I.P.C., as per provision laid down under Section 42 of the POCSO Act. By the said order i.e. order dated 29-11-2017, the convict-appellant has further been sentenced for imprisonment for 10 years alongwith fine of Rs. 2,000/- (two thousand) under Section 6 of the POCSO Act and under Section 8 of the POCSO Act, the convict-appellant has been sentenced to undergo imprisonment for five years and pay a fine of Rs. 2,000/- (two thousand). All the sentences were directed to run concurrently and in case of default of payment of fine, the convict-appellant has been directed to further undergo simple imprisonment for two months for each default of fine. Since death sentence has been referred for its confirmation under Section 366 of the Cr.P.C., the death sentence passed under Section 302 of the I.P.C. was directed to remain under-suspension. The appellant was convicted and sentenced in Hilsa P.S. Case No. 433 of 2014/G.R. No. 2008 of 2014 by Sri Shashi Bhushan Prasad Singh, learned 1st Additional Sessions Judge-cum-Special Judge, Nalanda at Biharsharif (hereinafter referred to as 'Trial Judge').

(3.) The prosecution case in short, as per First Information Report, is that on 29-09-2014 at 00.15 hrs. Sub-Inspector of Police Sri Ranjit Kumar Sinha (P.W.9) of Hilsa Police Station recorded fardbeyan of Dukh Haran Bind (P.W.5) near Babhan Barui, Tola Beldaria, P.S. Hilsa, Distt. Nalanda. The fardbeyan was recorded outside the village near <IMG border=1 src="http://www.indialawlibrary.com\images\23112018-76.jpg"></CENTER> (ridge) of a pond before dead body of minor daughter of the informant. The informant disclosed that on the same date in the evening at 3:30 PM, while he was at his residence, the convict-appellant Rohan Bind (son-in-law of his villager Sukh Bind) son of Rajgir Bind, Village Barama Tola Beldariya came to his in-laws house, where after noticing the lock on the door, he came to his house. The wife of informant Ranju Devi (P.W.8) allowed him to sit in her house and provided tea and <IMG border=1 src="http://www.indialawlibrary.com\images\23112018-77.jpg"></CENTER> (refreshment). His daughter (victim-deceased) aged about three years arrived there, then Rohan Bind (convict-appellant) started to talk with her and after some time, he went out of his house carrying the daughter of informant for providing biscuit from the shop. After moving for some some time, he purchased a packet of biscuit from grocery shop of one Surendra Bind (not examined) of the same village and gave to his daughter and thereafter, he moved with his daughter. In the evening, after about 5:30 PM, he started carrying the victim to the eastern side, out of village, towards <IMG border=1 src="http://www.indialawlibrary.com\images\23112018-76.jpg"></CENTER> (ridge), at that very time, some women of his village, who had gone to attend the natural call, saw the appellant putting a black cap, however; the women of the village thought that the victim was ailing and she was carried for treatment. Since till 7:00 PM in the evening, neither the victim nor the appellant Rohan Bind returned back to the house, the informant's brother Basant Bind (P.W.7), villager Lakhendra Bind (P.W.4) and some other person started searching them. After inquiry, they went to north-eastern side of the village and about one km. away, when they went through <IMG border=1 src="http://www.indialawlibrary.com\images\23112018-76.jpg"></CENTER> (ridge), they saw the dead body of daughter of the informant, who was in nude condition and thrown in a ditch, which was meant for passage of water after cutting the <IMG border=1 src="http://www.indialawlibrary.com\images\23112018-76.jpg"></CENTER> (ridge). The dead body of the victim-daughter was having injury on her neck, mark of teeth biting on her cheek, from private part of the victim blood had oozed out and it was swollen. When the dead body was fished out from the same place, black cap was recovered, which Rohan Bind (appellant) was wearing. On the outer side of <IMG border=1 src="http://www.indialawlibrary.com\images\23112018-76.jpg"></CENTER> (ridge), the panty of the victim was found thrown. After taking the panty, the same was put on the dead body of the deceased. The deceased was carried in the lap and thereafter, it was put near the pond of one Parshuram Ji. Till that time, number of women and men of the village had arrived there and it was about 8:30 (night). The informant claimed that the appellant Rohan Bind, on the pretext of providing biscuit, lured his minor daughter to go with him and thereafter, she was carried outside the village and in field, she was raped and in inhuman manner, she was killed. The said fardbeyan was read over to the informant, in presence of his brother Basant Bind (P.W.7) and some villagers, and after finding the same correct, the informant put his signature and P.W.7 Basant Bind put his L.T.I. on the fardbeyan.