VISHWANATH KHARIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal is directed against the judgment of conviction and order of sentence dtd. 4/6/2022 (sentence passed on 14/6/2022) passed by Sri Anjanee Anuj, learned Additional Sessions Judge-IV, Gumla in Special Session Trial Case No. 26/2021, arising out of Sursang P.S. Case No. 09/2021, holding the appellant Vishwanath Kharia guilty of offences under Sec. 376(3) of the Indian Penal Code and Sec. 4(2) of the POCSO Act and thereby, sentencing him to undergo rigorous imprisonment (R.I.) for twenty years alongwith a fine of Rs.25,000.00 for the offence under Sec. 4(2) of the POCSO Act and in default of payment of fine, he was further directed to undergo S.I for one year. No separate sentence was passed under Sec. 376(3) of the Indian Penal Code.

(3.) The prosecution case was instituted on the basis of the Fardbeyan of the informant, a 13 years old girl at the time of occurrence, alleging therein that on 10/4/2021, she had gone to attend the marriage of daughter of Jalsu Kharia. While she was present there, the appellant Vishwanath Kharia came there and asked her to accompany him. He took her to nearby forest, disrobed her and raped her.