(1.) Appellant Ranveer Yadav has been found guilty under Section 8 of the POCSO Act and sentenced to undergo R.I. for four years as well as to pay fine appertaining to Rs.5, 000/- and in default thereof, to undergo S.I. for three months by the 1 st Additional Sessions Judge-cum-Special Judge, POCSO, Saharsa in POCSO Act Case No.12 of 2014, arising out of Salakhua (Banama Itahari O.P.) P. S. Case No.82 of 2014.
(2.) Victim (PW-2) filed written report on 15.04.2014 alleging inter alia that while she was returning from Masani Bahiyar on about 14.04.2014 at about 4.00 p.m. having a bundle of grass over her head, appellant Ranveer Yadav pulled her scarf from behind as a result of which, she fell down. She got up and began to flee, but Ranveer Yadav again caught hold her on chase and then, threw her on the ground, thrust scarf in her mouth and then, committed rape as a result of which, she became unconscious. Anyhow, she raised alarm attracting the persons present nearby including Babadai Devi (PW-3) , Jogish Sada (not examined) , Kamal Sada (not examined) , Ajay Yadav (PW-6) and others seeing whom, Ranveer Yadav ran away. Then thereafter, she was taken to her house where after arrival of her parents, who have gone to perform menial work, she disclosed the event and then, came to police station where written report has been filed.
(3.) After registration of Salakhua (Banama Itahari O.P.) P. S. Case No.82 of 2014, investigation commenced and concluded by way of submission of chargesheet facilitating the trial meeting with the ultimate result, subject matter of instant appeal.