RAJ KISHOR PARIDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 8/12/2016 and order of sentence dtd. 9/12/2016 passed in G.R. (POCSO) Case No. 02 of 2014 arising out of Chhotanagra P.S. Case No. 01 of 2014 by the court of learned Additional Sessions Judge-I, West Singhbhum at Chaibasa whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 376/511 of the Indian Penal Code and under Sec. 4/18 of the Protection of Children from Sexual Offences Act ,2012 and has been sentenced to undergo R.I. for 5 years with a fine of Rs.5000.00 and in default of payment of fine, he has been further directed to the undergo S.I. for 6 months under Sec. 376/511 of the I.P.C. No separate sentence has been awarded under Sec. 4/18 of the POCSO Act.

(2.) The prosecution story arose in the wake of written information dtd. 10/1/2014 by P.W.10 addressed to the Officer-in-charge Chhotanagara P.S. is as under:

(3.) On the basis of written report of the informant Chhotanagra P.S. Case No. 01/2014 dtd. 10/1/2014 under Sec. 363/376/511 of the Indian Penal Code and under Sec. 4/6 of the Protection of Children from Sexual Offences Act was registered against accused person namely, Raj Kishor Parida and investigation of this case was taken by Assistant Sub-Inspector of Police namely, Ram Krishna Murmu and after completion of the investigation, Investigating Officer of this case has submitted charge- sheet bearing no. 04/2014 dtd. 9/3/2014 against the accused person namely, Raj Kishor Parida for the offence punishable under Sec. 363/376/511 of the Indian Penal Code and under Sec. 4/6 of the Protection of Children from Sexual Offences Act,2012 on 11/3/2014 and on the same day cognizance has been taken against above named accused person for the offence punishable under Sec. 363/376/511 of the Indian Penal Code and under Sec. 6/18 of the Protection of Children from Sexual Offences Act,2012.