Chakradhari Sharan Singh, J. – By the impugned judgment and order dated 29.01.2021/ 30.01.2021 passed by the learned Exclusive Special Court (POCSO) cum Additional Sessions Judge-VI, Rohtas at Sasaram in POCSO Case No. 20 of 2018, Kargahar P.S. Case No. 131 of 2018, the appellant has been convicted and sentenced as under: –

2. The victim’s name is not being disclosed in the present judgment in tune with the requirement under Section 228A of the Indian Penal Code and has been referred to as the child/victim in the present judgment.

3. Father of the victim is the informant on whose fardbeyan Kargahar P.S. Case No. 131 of 2018 came to be registered for commission of offence punishable under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act in short). According to the fardbeyan recorded by an Assistant Sub-Inspector of Police at Sadar Hospital, Sasaram at Sadar Hospital, Sasaram on 10.04.2018, at about 8:00 p.m., on the said date, at 1:00 p.m. when he was nearly 500 yards away from his house, he heard cries from a nearby hut. No sooner did he reach near the hut, he saw the appellant fleeing away. He thereafter saw his minor daughter completely nude and profusely bleeding. He managed to lift her daughter to his house. He, thereafter rushed to apprehend the appellant and after having apprehended him, produced before the police at the police station. In the meanwhile, the informant’ s wife also came to the police station with the victim. On having been enquired by the police officials at the police station, the victim disclosed the name of the appellant, who had taken her inside the hut and committed wrong with her (gandaa-kaam). This led to registration of the aforesaid F.I.R. The appellant was arrested on 10.04.2018 itself and was remanded to judicial custody on 11.8.2018. The victim was examined by a Medical Board constituted by the Deputy Superintendent, Sadar Hospital, Sasaram on 10.04.2018 at 8:30 PM before which she was taken to Primary Health Centre, Kargahar. Following is the finding of the Medical Board: –

"Examined the victim (name concealed) aged about 6 years, D/o Baban Singh, Vill + Post-Kargahar, Dist-Rohtas at 8:30 PM on 10.04.2018 on police requisition provided by Md. Anul Hoda Khan, S.I. P.S. Kargahar dated 10.04.2018 by a Medical Board constituted by D.S. Sadar Hospital, Sasaram consisting of Dr. Kanchan Kumari, Dr. Naresh Prasad and Dr. S.S. Prasad.

Treatment History: – Pt was treated firstly at P.H.C. Kargahar vide registration no. 574E/10/4/18 written on EMG OD slip bleeding p/v and treatment given as injection gentamycin and injection T.T.

Examination of the victim: –

M.I.- Til over the right side of upper lip

(1) No external injuries found over the any part of the body except private part where cotton was placed and bandage apply. No undergarment was present.

(2) Axillary hair absent. Breast not develop.

3. On removing blood soaked bandage and cotton found as follows :- Pubic hair absent

-Bleeding P/V seen clot

-Hymen rupture

-Fourchett lacerated longitudinally extending downward over posterior wall of vaginal canal deeply up to the rectum.

-Vaginal swab taken and prepared the slip and sent to the pathologist, Sadar Hospital, Sasaram for Microscopic Examination and report.

(4) Treatment given in O.T: – under IV Anaesthesia tear repaired with vicryl No. 1. Complete Hemostasis required. Rectal examination done and found rectum tear. Dressing done. Treatment and followup done.

(5) Microscopic Examination of vaginal swab done by the pathologist, Sadar Hospital, Sasaram Dr. S.S. Prasad, Report on dated 10.04.2018 as follows:-

Spermatozoa- Not found either alive or dead

RB