The court ruled that corroboration from witnesses is critical in supporting a victim's testimony, leading to conviction for grievous offenses under IPC and POCSO, and sentencing must consider the background of the accused.

JUDGMENT :

ASHUTOSH KUMAR, J.

Heard Mr. Vivakanand Singh learned advocate for sole appellant and Mr. Bipin Kumar, the learned APP for the State.

2. The appellant has been convicted under Sections 376 , 302 and 376A of the INDIAN PENAL CODE and Section 4 of the POCSO Act, 2012 vide judgment dated 05.01.2017 passed by learned Additional Sessions Judge-I-cum-Special Judge, Khagaria in POCSO Case No. 21 of 2015/ Registration No. 279 of 2015, arising out of Morkahi P.S. Case No. 77 of 2015, GR No. 2437 of2015.

3. By order dated 10.01.2017, he has been sentenced to undergo RI for the remainder of his life under Section 3 76A of the IPC. No separate sentence has been imposed under Sections 3 02 and 376 of the IPC. Under Section 4 of the POCSO Act, 2012 he has been sentenced to undergo life imprisonment, to pay a fine of Rs. 25,000 and in default of payment of fine to further suffer RI for one year.

4. The entire amount of fine has been directed to be paid to the family of the victim/deceased.

5. The Trial Court has also recommended for payment of compensation to the family of the victim under section 357A of the Cr.P.C.

6. A four year old girl is alleged to have been raped and killed by the appellant. The FIR was lodged by the mother (PW-8) of the deceased on 05.10.2015 at about 3:00 P.M. in the day. She had alleged that on04.10.2015 at about 7:30 P.M., when she along with her four year old daughter (deceased) had gone to attend to the call of nature, the appellant forcibly took away the child from her possession. When she protested, she was given a push. All this was done on gun point. The appellant is then said to have run away with the child. PW-8 made hue and cry as a result of which many persons of the village arrived at the place of occurrence. However, taking advantage of the darkness, the appellant ran away from the place of occurrence.

7. She has further alleged that the appellant committed rape on her daughter and, thereafter, killed her and threw her dead body in the paddy field which was inundated with water. The dead body was found in the field, whereafter the FIR was lodged.

8. On the basis of the afore-noted written report, a case vide Morkahi P.S. Case No. 77 of 2015 dated 05.10.2015 was instituted for investigation against the appellant for offences under Sections 3 02 and 376 of the IPC. Later, Sections 3 /4 of the POCSO Act, 2012 was also added.

9. During the course of trial, the Police submitted the charge-sheet against the appellant, whereupon he was put on Trial.

10. The Trial Court, after have been examined nine witnessed on behalf of the prosecution and none on behalf of the defence, convicted and sentenced the appellant as aforesaid.

11. The informant (PW-8) has supported the accusation during the Trial. At the Trial also, she has narrated the manner in which the deceased was snatched from her and taken away by the appellant. When she tried to protest, she was pushed to the ground. On her cries, Jeera Devi (PW-1), Hiralal Kewat (PW-3), Jitendra Kumar Kewat (PW-7), Arun Kewat (PW-2), Prakash Kewat, son of Lakho Kewat (PW-4) and other villagers came. While this was happening, the appellant raped and killed the deceased and threw her dead body. When a search was made for the daughter of the PW-8, her naked d