LAWS(PAT)-2019-8-32

SUDAMA SAI Vs. STATE OF BIHAR

Decided On August 09, 2019
Sudama Sai Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellant , Sudama Sai has been found guilty for an offence punishable under Section 366A of the IPC and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo R.I. for six months, additionally, under Section 376(C) IPC and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.5000/- in default thereof to undergo R.I. for six months, additionally, under Section 4 of the POCSO Act and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo R.I. for six months, with a further direction to run the sentences concurrently by the judgment of conviction dated 03.12.2015 order of sentence dated 09.12.2015 passed by First Additional Sessions Judge-cum- Special Judge, POCSO Kaimur at Bhabhua in connection with Trial No.2/2014 arising out of Chainpur P.S. Case No.183/2013.

(2.) Kabutari Devi (PW.1) filed written report on 08.12.2013 disclosing therein that at an earlier occasion there was religious congregation and in order to facilitate the same, they have invited Sudama Sai. During course thereof, he had frequent visit continued even after congregation. During course thereof, Sudama Rai developed good repo with all the family members and, under garb of aforesaid eventuality he took away her daughter (name withheld, PW.10) aged about 16 years to his Ashram. She along with other met repeatedly by going there and requested the Sudama Sai to let her daughter free but, he did pay heed to it. Her daughter had also shown inclination to come therefrom but was not allowed by the Sudama Rai. Then, thereafter she approached Nari Adalat and, all the members thereof including she herself came at the Aasharam apprehended the Sadhu, got her daughter rescued, brought to the local police station where they have been produced along with submission of the written information.

(3.) After registration of Chainpur P.S. Case No.183/2013 investigation commenced and concluded by way of submission of charge sheet followed with trial meeting with the ultimate result, subject matter of instant appeal.