MD DAUD @ DAUD MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Md. Daud @ Daud Mian has been found guilty for an offence punishable under Section 366A of the IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.20,000/- in default thereof, to undergo S.I. for six months additionally, under Section 8 of the POCSO Act and sentenced to undergo R.I. for five years, under Section 12 of the POCSO Act and sentenced to undergo R.I. for three years with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 21.01.2016 passed by Additional Sessions Judge, Ist -cum- Special Judge, POCSO in connection with Sessions Trial No.228/2014.

(2.) Kartik Barnwal, PW.3 filed written report on 10.05.2014 divulging the fact that his daughter (name withheld, PW.1) aged about 15 years who happens to be student of Class-IX of Pariyojana High School, Sono in usual way has gone to school on 09-05-2014 but, did not return. He waited her till evening but, as she has not returned so, he contacted his well-wishers, friends, relatives but could not traced her out. During course thereof, he came to know that his daughter has been kidnapped by Daud Mian with the help of his brother, companion, relative along with unknown persons because of the fact that his daughter has complained so many times with regard to indecent activity of the Daud Mian. It has also been disclosed that about a year ago Daud Mian with the help of his associate had tried to kidnap her but, due to timely intervention of his mother she was rescued. It has also been disclosed that about a week ago Daud came to his shop and projected himself profligately whereupon, his nehighbour Anil Yadav had assaulted him and then, releaed him giving a warning.

(3.) After registration of Sono P.S. Case No.77/2014, investigation commenced and during course thereof, victim was traced out, her statement under Section 164 Cr.P.C. was recorded, she was medically examined, one of the accused, namely, Md. Daud (appellant) was arrested and so, keeping the investigation pending against remaining for want of apprehension charge sheet has been submitted against Md. Daud @ Daud Mian, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.