NANHAKU YADAV @ NANHKU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Nanhaku Yadav @ Nanhku Yadav, Neepu Sah @ Nippu Shah vide judgment of conviction dated 22.07.2015 and order fo sentence dated 25.07.2015 passed by First Addl. Sessions Judge, Gopalganj in Sessions Trial No.100 of 2015 have been found guilty for an offence punishable under Section 6 of the POCSO Act and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees ten thousand and in default thereof, to undergo S.I. for one year.

(2.) For an occurrence allegedly committed on 03.11.2013 a complaint petition was filed bearing Complaint Case No.3095/2013 on 19.11.2013 which was sent to the local police for registration and investigation of the case whereupon, case was registered on 16.01.2014 whereupon, investigation commenced and concluded by way of submission of charge sheet relating to an allegation that on the alleged date i.e. on 03.11.2013 at about 10:00 AM while complainant/victim (name withheld, PW.4) aged about thirteen years had gone to old building of PHC, Majhagarh to bring back her she goat which was left for grazing by her mother, accued Nanhaku Yadav and Neepu Sah pounced upon her, untied her string and then committed rape upon her. On hue and cry, both two escaped and during course thereof, were seen by the witnesses.

(3.) During course of investigation their complicity was duly substantiated as a result of which they both were charge sheeted, proceeded with trial meeting with ultimate result, the subject matter of instant appeal.