Conviction and sentencing for sexual offences under the POCSO Act upheld, establishing that the defense's failure to challenge the victim's age and credibility supported the prosecution's case.

JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 17-12-2025

Heard Mr. Manoj Kumar No. 1, learned Amicus Curiae on behalf of the appellant, Mr. Rahul Kumar, learned counsel for the informant and Mr. Manish Kumar No. 2, learned Additional Public Prosecutor for the State.

2. The present appeal has been preferred for setting aside of the judgment of conviction dated 06.02.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 10.02.2023 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions Judge, VI-cum-Special Judge, POCSO Act, Muzaffarpur in POCSO G.R. No. 01 of 2021 arising out of Nagar P.S. Case No. 408 of 2020 (C.I.S. No. 01 of 2021).

3. By the impugned judgment and order, the appellant has been convicted for the offences punishable under Sections 363 , 366(A), 376(3) of the Indian Penal Code (in short ‘IPC’) and Sections 6 and 12 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). He has been ordered to undergo rigorous imprisonment for twenty years under Section 6 of the POCSO Act and has been ordered to pay a fine of Rs.30,000/-. In case of non-payment of fine, the appellant shall undergo an additional simple imprisonment for one year. The appellant has also been sentenced under Section 12 of the POCSO Act for a period of three years rigorous imprisonment and has been ordered to pay a sum of Rs.3,000/- as fine. In case of non-payment of fine, he would be required to undergo an additional simple imprisonment for three months. Both the sentences shall run concurrently. For the offences under Section 363 and 366(A) IPC, the appellant has been awarded five years rigorous imprisonment and a fine of Rs.5,000/- under each of the Sections and in case of non-payment of the same, he will undergo an additional simple imprisonment for six months. No separate sentence has been awarded for the offence committed under Section 376(3) IPC, keeping in view Section 42 of the POCSO Act.

Prosecution Case

4. The prosecution case is based on a written information submitted by the father of the victim (PW-2) in Sikandar O.P., Muzaffarpur. In his written information dated 09.07.2020, the informant brought it to the notice of the police station that his daughter (X) aged about 12 years was missing since 8^th July, 2020 (10:00 AM). He was under impression that like any other day, she had gone to meet her friends but she had not returned till 11:00 AM of 9^th July, 2020. The informant searched her the whole night in the neighbourhood and at relatives house but his daughter could not be traced. Thereafter, he furnished the information.

5. The FIR being Nagar P.S. Case No. 408 of 2020 was registered on 09.07.2020 at 09:00 AM under Section 363 (A) IPC against unknown.

6. The victim girl (X) was recovered on 15.09.2020 by police when she was found with the appellant in a Scorpio vehicle near Hero Honda Agency, Muzaffapur at 08:30 PM.

7. After investigation, police submitted a chargesheet bearing Chargesheet No. 1127 of 2020 dated 21.11.2020 against the appellant for the offences punishable under Sections 363 , 366(A), 376 IPC and Sections 4 and 12 of the POCSO Act. Learned court took cognizance vide order dated 22.02.2021.

8. Charges were read over and explained to the appellant in Hindi to which he pleaded not guilty and claimed to be tried. Accordingly, On 11.03.2022, charges were framed for the offences punishable under Sections