JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard Mr. Ajay Mukherjee, learned counsel for the appellant and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State.

2. Despite valid service of notice on respondent no. 2, no one has entered appearance on her behalf to oppose this appeal.

3. The sole appellant in this case is seeking setting aside of the judgment of conviction dated 18.05.2023 (hereinafter referred to as ‘impugned judgment’) and the order of sentence dated 20.05.2023 (in short called the ‘impugned order’), passed by the Child Court-cum-1st Additional Sessions Judge, Banka (in short ‘learned trial court’) in POCSO Case No.211 of 2020 (arising out of Belhar P.S. Case No. 211 of 2020) dated 18.06.2020, registered for the offences alleged under Sections 376, 506/34 of Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 4 of Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’).

4. By the impugned judgment, the learned trial Court has been pleased to convict the appellant for the offences under Section 376 of IPC and Section 5(j) (ii)/6 of POCSO Act. Having convicted the appellant under these provisions, the learned trial Court has ordered the appellant to undergo imprisonment for 13 years for the offence under Section 6 of the POCSO Act, the appellant has been directed to pay a fine of Rs. 20,000/-. In default of payment of fine, the appellant shall undergo simple imprisonment for one year more. No separate sentence was awarded under Section 376 of IPC and Section 5(j) (ii)/6 of the POCSO Act.

Prosecution Story

5. The prosecution case is based on a written information submitted by victim girl (X). In her written information dated 18.06.2020 giving rise to Belhar P.S. Case No. 211 of 2020 under Sections 376, 506/34 of IPC and Section 4 of POCSO Act. The informant/victim alleged that the appellant approached the victim and expressed his desire to marry her, while simultaneously pressuring her to engage in a physical relationship. In the pretext of his false promise, the victim entered into physical relationship with the appellant, and when she became pregnant, he refused to follow through on his marriage proposal. When the appellant’s parents knew of the situation, they went to the victim's house and asked her mother and grandmother to proceed with the abortion, to which the victim's mother responded that her husband was outside and insisted to wait for him. They then threatened the victim's family to face dire consequences if they would not proceed with the abortion. It is alleged that the conduct of the appellant clearly demonstrates that he sexually exploited the victim under the false pretext of marriage.

6. On the basis of this written application FIR was registered being Belhar P.S. Case No. 211 of 2020 dated 18.06.2020 for the offences under Sections 376, 506/34 IPC and Section 4 POCSO Act against the accused persons, namely, (1) Father of the appellant, (2) Mother of the appellant and (3) this appellant. After investigation and upon completion of the same, charge-sheet was filed being Chargesheet No. 352 of 2020 dated 20.09.2020 against the appellant only under Section 376 IPC and Section 4 of the POCSO Act, showing other accused not sent up for trial. Learned Trial Court vide order dated 19.10.2020 took cognizance of the offences punishable under Section 376 IPC and Section 4 of the POCSO Act against the appellant.

7. The charges were explained to the appellant in Hindi on which he pleaded not guilty and claimed to be tried. Thereafter, the learned trial court vide order dated 21.08.2021 framed the charges under Section 376 of IPC and Section 4 of the POCSO Act.

8. In course of trial, the prosecution examined as many as seven witnesses and exhibited various documents. The list of the witnesses and the description of the documents marked exhibits on behalf of prosecution are provided hereunder in a tabular form:-

List of Prosecution Witnesses:-