The court upheld the conviction for gang rape and wrongful confinement, affirming the reliability of the victim's testimony and DNA evidence against the appellant under Sections 376(D.A.) and 342 of IPC and Section 6 of POCSO Act.

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE SOURENDRA PANDEY)

Date : 12-12-2025

Heard Mr. B.N. Mishra assisted by Mr. Umeshanand Pandit, learned counsel for the appellant, Mr. Abhimanyu Sharma, learned Additional Public Prosecutor for the State and Mr. Manoj Kumar Sinha, learned counsel for the informant.

2. The present appeal arises out of the judgment of conviction dated 21.11.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 23.11.2022 (in short referred to as the ‘impugned order’) passed by the learned Additional Sessions Judge, 6^th -cum-Special Judge, POCSO, Rohtas at Sasaram in connection with POCSO Case No. 14 of 2021, arising out of Dehri Mahila P.S. Case No. 58 of 2020.

3. By the impugned judgment, the appellant namely Sandeep Kumar @ Raja @ Vicky has been convicted for the offences under Sections 376(D.A.) and 342 of the Indian Penal Code (in short referred to as the ‘IPC’) and has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 50,000/- (Fifty Thousand) and in default of payment of fine to further undergo Simple imprisonment for a period of three months for the offence under Section 376(D.A.) of the IPC and to undergo Simple imprisonment for one year for the offence under Section 342 of the IPC. Both the sentences were directed to run concurrently.

Prosecution Case:

4. The prosecution case is based on the written application dated 26.12.2020 submitted by the informant (P.W. 1). In her report, she has stated that on 23.12.2020 at about 7:00 P.M., she and her sister had gone to the shop of Om Prakash @ Tuna to purchase domestic goods. The accused persons—Sahib, Vicky (the appellant), and Sonu—who were residing in a rented house at Station Road, Ward No. 17, Durga Gali, Bhayankar More, P.S. Dehri, allegedly intercepted them at a lonely place, chased them, caught hold of the informant’s sister and forcibly confined both sisters in the house of Tuna, where they committed rape upon the victim/informant. When she became senseless, the accused left her on the street. It is further alleged that when the victim developed severe abdominal and vaginal pain and began vomiting blood, her sister disclosed the incident to their father. The accused persons had also threatened her sister, warning that if the matter was disclosed, they would kill both sisters and ruin their father financially.

5. On the basis of the aforesaid written application, Dehri (Mahila) P.S. Case No. 58 of 2020 dated 26.12.2020 under Sections 506/376(D.A.) of the IPC and Sections 4(2)/6 of the POCSO Act was registered.

6. After completion of investigation, the Investigating Officer (I.O.) (P.W. 6) submitted charge-sheet being Charge- Sheet No. 08 of 2021 dated 26.02.2021 under Sections 342 , 376 (D.A.) and 506 of the IPC and Sections 4(2)/6 of the POCSO Act .

7. On the basis of the police report, cognizance was taken vide order dated 03.03.2021 under Sections 342 , 376 (D.A.) and 506 of the IPC and Sections 4(2)/6 of the POCSO Act against the accused/appellant Sandeep Kumar @ Raja @ Vicky.

8. Charges were read