MASIH HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Syed Ramiz Zafar, learned counsel for the appellant and Mr. Vineet Kr. Vashistha, learned Special P.P. for the State assisted by Mr. Naveen Kr. Jaiswal, learned Amicus Curiae for the victim.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 24/5/2022 (sentence passed on 26/5/2022) passed by Sri Rakesh Kumar, learned Additional Sessions Judge-I-cum-Special Judge, POCSO, Pakur in Special POCSO Case No. 17 of 2018, arising out of Pakur (Town) P.S. Case No. 168 of 2017, whereby and whereunder the appellant has been convicted for the offences punishable u/s 6 read with Sec. 18 of the POCSO Act and has been sentenced to R.I. for 10 years along with a fine of Rs.50,000.00 and in default in payment of fine to undergo further R.I. for 06 months.

(3.) The prosecution case arises out of the written report of Savitri Hansda, in which, it has been stated that on 29/11/2017 at about 3:50 P.M. a boy namely, Masih Hembram had come to her house in her absence and at that time there were no one in the house except her minor daughter. It has been alleged that Masih Hembram had asked her daughter to show him the bathroom and on such pretext he had taken her to the bathroom. The accused had forced her daughter to undress and he had also undressed himself. The age of the daughter of the informant is six years. At that point of time her niece had come and in search of the child she had gone near the bathroom and she heard some sounds coming from the bathroom. Having found the bathroom to be locked from inside she started banging on the door. The accused Masih Hembram threatened the daughter of the informant to keep quite. It has been alleged that due to the banging on the door by the niece of the informant the accused had fled from the Ventilator of the bathroom but due to the commotion the villagers had assembled who had apprehended the accused.