Circumstantial evidence must establish a conclusive chain consistent with the accused's guilt; suspicion cannot replace proof beyond reasonable doubt in criminal convictions.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. Heard the learned Advocate for the appellant and the learned Government Advocate.

2. This is an appeal against an order of conviction and sentence under Sections 302 /376 of the I.P.C. and Section 5 (i)/6 of the POCSO Act.

3. POCSO Case No.31 of 2016 was registered on the basis of the charge sheet filed by the police in connection with Brahampur P.S. Case No.232 of 2016 dated 10.10.2016 under Sections 302 , 201, 376 of the I.P.C. and Section 5 (i)/6 of the POCSO Act, which was initiated on the basis of a statement made by one Rita Devi of Village Kuwavan within police station Brahampur, alleging inter alia that on 10.10.2016 at about 06:00 A.M. her minor daughter aged about 14 years (name of the victim is not disclosed in the body of the judgment and she is described as the deceased hereinbelow) was going to the house of one Vijay Bahadur Singh to collect milk as of daily routine. The said girl, however, did not return with milk from the house of Vijay Bahadur for long. The informant conducted a search for her daughter and came to know from the milkman that she had not arrived to his house to collect milk on the fateful date of occurrence. She found the appellant outside her home, the appellant was visibly disturbed and did not respond to enquiries about her daughter. While search, the informant found stain of blood on a lane near one Sirkat Singh’s house, in the vicinity of that place there were houses of one Yogendra on the North, Hare Kisan on South Raghunath Singh in front of the lane. The informant also found the milk can which the victim girl was carrying laying in a drain. Seeing this, she could understand that some ominous was committed upon her daughter. She conducted further search and found her daughter laying on a plot of land adjacent to the house of Yogendra Singh with bleeding injury on his head. She immediately took her daughter with the help of the local villagers to a village doctor (qua), named, Raghunath Prasad. The doctor examined her medically and declared her death.

4. On the basis of the statement made by the informant Brahampur P.S. Case No. 232 of 2016 dated 10.10.2016 under Sections 302 /201 IPC was registered and investigation of the case was taken up, during investigation the Investigating Officer found that the victim was subjected to penetrative sexual assault.

5. On completion of investigation, police submitted charge sheet under section 302, 376 IPC and Section 5 (i)/6 of the POCSO Act.

6. Since, the offence under the POCSO Act is exclusively triable by the learned Special Judge, the case was committed to the learned Special Judge, 1^st Court at Buxar.

7. During investigation, police arrested appellant-Anup Singh and submitted charge-sheet against him. The accused faced trial under the charge of Sections 302 , 201, 376 of the I.P.C. and Section 5 (i)/6 of the POCSO Act.

8. On conclusion of Trial, the appellant was convicted under Sections 302 , 376 of the I.P.C. as well as Section 5 (i)/6 of the POCSO Act and was sentenced to rigorous imprisonment for life and a fine of Rs.50,000/- for the offence punishable under Section 302 of the IPC ; rigorous imprisonment for 10 years with fine of Rs.20,000/- for the offence under Section 376 read with Section 5 (i)/6 of the POCSO Act.

9. By filing the instant appeal, the accused/convict has assailed the judgment of conviction and order of sentence passed by the learned Special Judge, 1^st Court at Buxar.

10. During trial, prosecution examined the following witnesses:-