ANUKARAN KANDULNA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against judgment of conviction and sentence passed in Special (POCSO) Case No.21/2014, whereby and where under the appellant has been convicted and sentenced under Sec. 376 of the IPC and Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter 'POCSO Act').

(2.) As per the FIR which was lodged on 25/6/2014 by the victim girl aged 13 years, on 7/6/2014 in the evening at 6.30 she was washing clothes in the hand pump at the Aanganbari Centre in the village. Appellant in the meantime came there and committed rape by gagging her mouth with cloth. He also extended life threat to her for not disclosing the matter to anyone. She returned home and informed her family members about the incidence. Due to the threat, the case was not lodged immediately after incidence.

(3.) On the basis of the written report, T. Tanger P.S. Case No.27/14 was registered under Sec. 376 of the IPC and under Sec. 5(J)(11) of the POCSO Act against the appellant. Police on investigation found the case true and submitted charge sheet against the appellant. After cognizance and commitment, appellant was put on trial for the offence under Sec. 376 of the IPC and Sec. 4 of the POCSO Act.