BHOLA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Bhola Tiwary has been found guilty for an offence punishable under Section 376(H) of the IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees ten thousand in default thereof, to undergo S.I. for one year, under Section 373 of the IPC and sentenced to undergo R.I. for five years, under Section 6 of POCSO Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees ten thousand in default thereof, to undergo S.I. for one year, with a further direction to run the sentences concurrently by the Special Judge, POCSO, Siwan in connection with Trial No.1/14, G.R. No.3887 of 2013 arising out of Siwan Mahila P.S. Case no.59/2013.

(2.) Name withheld (victim PW.1) gave her fardbeyan on 14.09.2013 at about 11:30 AM disclosing therein that the accused had purchased her from her father on a consideration amount of rupees one thousand and then, took her to his place. Her parents have died. Few months ago, the wife of Bhola Tiwary has died. Since thereafter, Bhola Tiwary forcibly indulged in developing physical relationship with her. At every occasion when she protested was severely dealt with. After sometime, she became pregnant then, she was brought to Siwan where forced to terminate. Even thereafter, he is continuing the aforesaid lecherous activity and she has to face horrifying situation whenever she makes protest.

(3.) After having registration of Siwan Mahila P.S. Case No.59/2013 investigation commenced and concluded by way of submission of charge sheet, followed with trial, meeting with ultimate result, subject matter of instant appeal.