SUNNY @ MARDIN @ SANNY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Md. Sunny @ Mardin @ Sanny has been found guilty for an offence punishable under Section 376 of the I.P.C., 363 of the I.P.C. and Section 4 of the POCSO Act, but under the garb of Section 42 of the POCSO Act, no sentence has been prescribed for Section 376 of the I.P.C. and so, has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.20,000/- and in default thereof, to undergo S.I. for one year, additionally, under Section 4 of the POCSO Act to undergo R.I. for five years as well as to pay fine appertaining to Rs.10,000/- and in default thereof, to undergo S.I. for six months, additionally, for an offence punishable under Section 363 of the I.P.C. vide judgment of conviction dated 04.05.2018 and order of sentence dated 09.05.2018 passed by the 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Kishanganj in connection with Special Case No.3k of 2015, C.I.S. No.168 of 2014 with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 of the Cr.P.C.

(2.) Birbal Sah (PW-4) filed written report on 22.12.2013, disclosing therein that his daughter (name withheld, PW-6) did not return from her school on 19.12.2013. She is aged about 14 years and is a student of Class-VII of Adarsh Madhya Vidhyalaya, Thakurganj. It has also been divulged that during course of search, he came to know that she has been kidnapped in midst of way to school by Md. Sunny @ Mardin @ Sanny, S/o Late Nizamuddin @ Emajuddin @ Hayajudin , R/o Vill.- Behbuldangi, P.S.- Thakurganj, District- Kishanganj with an intention to marry.

(3.) After registration of Thakurganj P. S. Case No.268 of 2013, investigation proceeded and during course thereof, victim was recovered from the house of the appellant along with him, her statement was recorded under Section 164 of the Cr.P.C. She was medically examined and then, after completing investigation, submitted charge-sheet, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.