SAUDHIN NUT @ SAHABUDDIN NUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Saudhin Nut @ Sahabuddin Nut and Noor Mohammad have been found guilty for an offence punishable under Section 366A of the I.P.C. and each one has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.20,000/- and in default thereof, to undergo R.I. for six months, additionally, under Section 376(2) (N) of the I.P.C. and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.30,000/- and 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 ten years as well as to pay fine appertaining to Rs.30,000/- and in default thereof, to undergo R.I. for six months, additionally, with a further direction to run the sentences concurrently, with a further direction that the half of the fine amount, if deposited, will be paid to the victim vide judgment of conviction dated 18.03.2016 and order of sentence dated 21.03.2016 passed by the 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Sitamarhi in Trial No.15 of 2015 arising out of Riga P. S. Case No.87 of 2014.

(2.) On 27.05.2014, informant Ram Binay Sah filed written report having an averment that on 18.05.2014 his minor daughter (victim, PW-1, name withheld) aged about 11 years while has gone to meet nature's call at about 7.00 P.M., did not return even at late night caused anxiety to them, whereupon they began to search and during course thereof, they have also gone to the house of Saudhin Nut as he used to talk over his mobile, who was also found missing since the day of occurrence and then, the villagers have also disclosed that Noor Mohammad, son of Azim Nut had actively co-operated with him in getting his daughter kidnapped.

(3.) As is evident, after registration of Riga P. S. Case No.87 of 2014, investigation commenced and during midst thereof, after getting clue at the end of the Sonipat Police Station, the police party gone there and brought the victim whose statement was recorded under Section 164 of the Cr.P.C. She was medically examined. After examination of other witnesses, investigation concluded by way of submission of chargesheet, facilitating the trial meeting with the ultimate result, subject matter of instant appeal.