STATE OF BIHAR Vs. HARI KISHUN SADA

JUDGEMENT

(1.) Death Reference No. 8 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 Hari Kishun Sada, who has filed Cr. Appeal (D.B.). No. 1409 of 2017 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 Hari Kishun Sada, by judgment dated 9th August, 2017 passed by Sri Md. Irshad Ali, 1st Additionalcum-Special Judge, POCSO Act, Samastipur (hereinafter referred to as 'Trial Judge') in Sessions Trial No. 21 of 2014/ Registration No. 3233 of 2014, has been convicted under sections 376, 302 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences (POCSO) Act and vide order dated 17th August, 2017 he has been sentenced to undergo rigorous imprisonment for life for the offence punishable under section 6 of POCSO Act and fine of Rs. 50,000/- and in default of fine, further to undergo simple imprisonment for six months. The appellant has further been punished with death sentence for the office under section 302 of the Indian Penal Code. The convict has been directed to be hanged by neck till his death. No separate sentence has been awarded under section 376 of the Indian Penal code in light of the aforementioned sentence. All the sentenced have been directed to run concurrently.

(3.) The prosecution case, as per the first information report, in short, is that on 211.2013 at 11 AM Sub Inspector of Police Sri Chaturvedi Sudhir Kumar (P.W.7) of Rosera Police Station recorded fardbeyan of Binda Kureri (P.W.6) at Primary School near Suriva Pokhar, P.S. Rosera, District- Samastipur. The informant disclosed that yesterday i.e. on 22.11.2013 at about 7-8 in the night, his wife had cooked rice and Hari Kishun Sada (appellant) who is son-in-law of Puran Sada, came to him and asked to send his daughter Khushboo Kumari aged about 6- 7 years to bring vegetable from his sasural upon which wife of the informant namely, Shobhani Devi sent her daughter alongwith Hari Kishun Sada. When the daughter of informant did not return by 10-11 O'Clock, the informant and his wife started searching for her but they failed to trace her. Thereafter they went to Puran Sada where they did not get Ram Kishun Sada and then villagers were informed and they also made search. At about 12 in the night, they got him who was covered with mud and there was blood stain on his vest and clothes. On query, he said that Khushboo must have slept somewhere. When the villagers assaulted him, he took them 200 meter away from the school and handed over Khushboo Kumari who was in nude and unconscious condition and blood was oozing out from her private part. Thereafter they brought her to Primary School and village doctor was called but in the meanwhile Khushboo Kumari died.