MUKESH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Mukesh Sahani has been found guilty for an offence punishable under Section 323 IPC and sentenced to undergo R.I. for six months under Section 354(B) of the IPC and sentenced to undergo R.I. for four years as well as to pay fine appertaining to Rs.4000/- in default thereof, to undergo S.I. for two months, additionally, under Section 366A of the IPC and sentenced to undergo R.I. for six years as well as to pay fine appertaining to Rs.5000/- and in default thereof to undergo S.I. for three months, additionally, under Section 457 IPC and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.3000/- in default thereof, to undergo S.I. of one and half months, additionally, under Section 8 of POCSO Act and sentenced to undergo R.I. for four years as well as to pay fine appertaining to Rs.4000/- in default thereof, to undergo S.I. for two months, additionally, by the First Additional Sessions Judgecum-Special Judge, POCSO, East Champaran at Motihari in POCSO Trial no.163/2016 by judgment of conviction dated 18.05.2017 and order of sentence dated 25.05.2017.

(2.) Dharamjeet Kumar (PW.2) filed written report on 15.05.2015 before the police official of Rajepur P.S. disclosing therein that he happens to be resident of Bara Jagarnath, P.S.- Ahiyapur, District-Muzaffarpur and his sister is married at villageNoniman, P.S.-Rajepur. On the eve of marriage of his Bhagini he along with his daughter (name withheld, PW.3) aged about 8 years came on 14.05.2015 to the place of his sister. In the night, after food he got his daughter slept on Varandaha and thereafter, he along with other family members got engaged in feast. During midst thereof, getting an opportunity Mukesh Sahni lifted his daughter from Darwaja with bad intention to a maize field and affected to commit sin with her. During course thereof, he bite over cheek of his daughter. He also threatened to kill showing the knife as a result of which, his daughter began to weep. Hearing sound of her weeping, they gone in search and, coming to maize field found Mukesh Sahani indulged in apprehending his daughter whereupon, he was caught hold of. Villagers, have assaulted.

(3.) The written report along with accused were produced before police officials who, on the basis of the written report registered Rajepur P.S. Case No.58/2015 and sent the accused to judicial custody. After registration of the case, investigation was taken up and after concluding the same charge sheet has been submitted, facilitating the trial meeting with the ultimate result, subject matter of instant appeal.