APPU KUMAR DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction and order of sentence dtd. 15/1/2022, passed by the learned Special Judge-POCSO, Dhanbad, in Spl. (POCSO) Case No. 82 of 2019, arising out of Topchanchi P.S. Case No. 54 of 2019, whereby and where under, the sole appellant was convicted for the offence punishable under Sec. 8 of the POCSO Act and further he was sentenced to undergo R.I. for a period of 4 years and a fine of Rs.10,000.00 and in default of payment of fine, he was directed to undergo additional imprisonment for 2 months.

(2.) The prosecution case arose in the wake of fardbeyan of informant Mamta Devi, which is recorded by P.S.I. Premkumar Tudu Topnchanchi P.S. on 24/6/2019 at 17 : 30 hours at P.M.C.H Dhanbad in gynaecology ward bed no. 06. Informant Mamta Devi alleged that on 24/6/2019 at about 9 : 00 AM in the morning, she was cleaning utensils of her house. Her two years old daughter was playing. Accused Appu Kumar Das, a relative of informant was there, he has taken the child in his arm and took her in T.V. room. The informant heard the crying of her daughter, then she rushed there. She tried to pacify the child but she continued crying. Informant has noticed that the child was wearing half pant but now she was without her half pant and blood was oozing out from victim's private part and there was swelling over body of the child. She informed the matter to her husband. She called ambulance and brought victim to Health Care Centre and from there she was sent to PMCH for better treatment.

(3.) Thereafter FIR was lodged and criminal law was set at motion. Accordingly, the present case Topchanchi P.S. Case No. 54/2019 dtd. 24/8/2019, corresponding to Spl. POCSO Case No. 82/2019 was instituted for the offences u/s 376(1) of I. P. C. and u/s 4 and 6 of POCSO Act, 2012 against the accused Appu Kumar Das. On 23/8/2019 cognizance was taken against accused person u/s 376-AB of I.P.C. and u/s 6 of POCSO Act. Charge was framed against accused person namely Appu Kumar Das 376 (A) (B) of IPC and under Sec. 8 POCSO Act by Learned Addl. Sessions Judge 1 cum-Spl. Judge (POCSO) Dhanbad, to which he denied charges, pleaded not guilty and claimed to be tried and the learned court below after conducting the full-fledged trial passed the impugned judgment of conviction and order of sentence, which is under challenge.