LAWS(PAT)-2018-3-99

SURAJ PASWAN Vs. STATE OF BIHAR

Decided On March 07, 2018
Suraj Paswan Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellant, Suraj Paswan has been found guilty for an offence punishable under Section 4 of POCSO Act and sentence to undergo R. I. for seven years vide judgment of conviction dated 08. 09. 2017 and order of sentence dated 14. 09. 2017 passed by First Additional Sessions Judge-cum-Special Judge, POCSO Act, Aurangabad in G. R. No. 02/2014, Deo P. S. Case No. 11/2014.

(2.) Victim (name withheld), PW. 1 gave her fardbeyan on 10. 03. 2014 at 09:00 PM while she was admitted at Deo Hospital alleging inter alia that on the same day at about 06:00 PM she had gone to meet natures call. As soon as she proceeded from her house, her co-villager, Jai Prakash Paswan aged about 18 years, son of Satendra Paswan, Mithilesh Paswan son of Briksh Paswan along with two unknown persons whom, she claimed to identify, caught hold her. She tried to raise alarm whereupon Jai Prakash Paswan pressed her mouth and then, Jai Prakash Paswan and Mithilesh Paswan took her in an orchard (Khari) where Jai Prakash Paswan and Mithilesh Paswan committed rape one by one. She became unconscious. After sometime, she regained sense and then thereafter, she raised alarm whereupon, wife of Mahendra Pathak came. She again became unconscious. When she regained sense she found herself admitted at Deo Hospital where she is making her statement in presence of her cousin brother as well as mother.

(3.) After registration of Deo P. S. Case No. 11/2014 investigation commenced and concluded by way of submission of charge sheet against four accused including the appellant whereupon trial commenced concluded in a manner, subject matter of instant appeal.