JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. Heard Mr. Ajay Kumar Thakur, learned counsel for the appellant and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

2. The informant-Respondent No. 2 has entered appearance through her Advocate and the name of the learned Advocate is printed in the cause list but no one has appeared before this Court.

3. The sole appellant in this case is seeking setting aside of the judgment of conviction dated 16.05.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 20.05.2023 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Jamui (hereinafter referred to as the ‘learned trial court’) in POCSO Case No. 18 of 2021 arising out of Jhajha P.S. Case No. 205 of 2020.

4. By the impugned judgment, the learned trial court has held the accused-appellant guilty of commission of the offences punishable under Section 4(2) of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and Section 376 of the Indian Penal Code (in short ‘IPC’) and by the impugned order, the learned trial court has ordered that the appellant shall undergo a period of 20 years rigorous imprisonment and pay a fine of Rs.20,000/- for the offence punishable under Section 4(2) of the POCSO Act. In default of payment of fine, the convict shall further undergo simple imprisonment of three months. The fine so realised, shall be given to the victim under Section 357 of the Code of Criminal Procedure (in short ‘CrPC’). In view of Section 42 of the POCSO Act, the victim-appellant has been sentenced only under Section 4(2) of the POCSO Act. No separate sentence has been awarded for the offence punishable under Section 376 IPC.

Prosecution Case

5. The prosecution case is based on the written information furnished under the signature of the victim/prosecutrix on 01.07.2020 with respect to the alleged occurrence which took place on 29.06.2020 at 11:00 PM. In her written application (not exhibited), the victim alleged that when she was sleeping in her house, this appellant entered into her house and forcibly committed rape upon her. She claimed that she was a minor child. The accused-appellant threatened her that if she would disclose it to anyone then he would kill her and he would also kill her mother-father. In course of trial, the signature of the victim/prosecutrix and the signature of her father, who stood as a witness, on the application have been marked Exhibits ‘P-3/PW3’ and ‘P-1/PW1’ respectively.

6. On the basis of the aforesaid written application, Jhajha P.S. Case No. 205 of 2020 dated 01.07.2020 was registered under Section 376 IPC and Section 4 of the POCSO Act. After completion of investigation, police submitted a chargesheet bearing Chargesgeet No. 128 of 2021 against the accused on 30.04.2021. Cognizance of the offences was taken on 07.06.2021 and thereafter, the copy of the police papers were supplied to the accused.

7. In the trial court, the charges were explained to the accused in Hindi on 07.06.2021 which he denied and claimed to be tried. Accordingly, charges were framed under Section 4(2) of the POCSO Act and Section 376 IPC.

8. On behalf of the prosecution, altogether five witnesses were examined and some documentary evidences were brought on the record by way of exhibits. The list of the prosecution witnesses and the exhibits produced on behalf of the prosecution are mentioned hereinbelow in tabular form:-

List of Prosecution Witnesses

List of Exhibits on behalf of Prosecution