CHHOTU KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Chhotu Kumar has been convicted under Section 376/34 of the Indian Penal Code and Section 4 of the Protection of Children From Sexual Offences Act, 2012 (in short POCSO Act) vide judgment dated 22nd of March, 2017 passed by the learned Special Judge, POCSO Act-cum-Additional Sessions Judge, 1st, Aurangabad in connection with Baroon P.S. Case No. 151 of 2013, corresponding to CIS No. 15614 of 2014 and by order dated 28th of March, 2017, he has been sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 5000/- for each of the offences viz. under Section 376/34 I.P.C and Section 4 of the POCSO Act; the sentences, however having been ordered to run concurrently.

(2.) The prosecutrix/P.W. 3 is said to have been subjected to sexual intercourse by one Binod Choudhary and the appellant. The records reveal that the case of Binod Choudhary, on his being found juvenile, has been sent to the Juvenile Court for trial.

(3.) The victim/P.W. 3 has lodged the F.I.R on 04.07.2013 alleging that two days prior i.e. on 02.07.2013, at about 12 O' clock in the night, she has gone to the ground floor for operating the changer-switch as at that time, the electric line had been disconnected, when two persons, who were present there from before, gagged her and took her to a room by the side of the staircase. It has then been alleged that she was subjected to rape by the aforesaid two persons. She was also threatened of dire consequences in case she narrated about the occurrence to anybody. At the time of the occurrence only, her grand-father was available in the house. She did not awake her grand-father out of fear. Two days later, her mother, aunt and grand-mother arrived home on 04.07.2013 at about 7:00 A.M in the morning. She thereafter disclosed about the occurrence to them. All the family members of the prosecutrix had gone to attend a Saradh ceremony in house of a relative at Mahadeva, Nasriganj.