RAJIV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Rajiv Kumar has been found guilty for an offence punishable under Section 8 of the POCSO Act and sentenced to undergo SI for three years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo SI for one month, additionally, vide judgment of conviction dated 11.12.2018 and order of sentence dated 02.01.2019 passed by Additional Sessions Judge-1st-cum-Special Judge, POCSO Act, Munger in Mahila PS Case No. 30/2017 (G.R. No. 2820/2017).

(2.) Guria Devi (PW 1) gave her Fardbeyan while she was at Sadar Hospital, Munger where her daughter, victim aged about four years (name withheld), PW-1 was admitted on 07.11.2017 disclosing therein that on the same day at about 5.30 PM, while her daughter was playing outside her house, came trembling weeping and began to wipe her thigh, private part with a handkerchief. She out of anxiety inquired as to what has happened over which, she disclosed that Rajiv Kaka got some adhesive fallen over her thigh as well as genital. She is also feeling pain. Thereafter, she consoled her and then, she detailed on query that while she was playing, Rajiv came, allured her away to his house, got closed in a room and then directed her to lie over a Chowki, where he after undressing himself came, rubbed his penis over her genital and then tried to penetrate over which, she began to cry. Till then, he got the adhesive substance fallen over her genital as well as over her thigh. Thereafter, as she was released, came to house and engaged herself in wiping the aforesaid adhesive substance. After hearing all these things, she has gone to the house of Rajiv in order to make a complaint over which, his family members engaged in quarrel attracting so many persons including her husband, whom she disclosed the incident. After seeing the condition of the victim, they took her to hospital where police and got her Fardbeyan.

(3.) After registration of Mahila PS Case No. 30/2017, investigation commenced followed with submission of the charge-sheet facilitating the trial, meeting with ultimate result, subject matter of the instant appeal.