IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.200 of 2023 Arising Out of PS. Case No.-298 Year-2020 Thana- MADHAURAH District- Saran ======================================================

Manu Kumar @ Monu Kumar @ Mannu Kumar, S/o Surendra Raut, R/o village- Bikrampur, P.S.- Marhowrah, Distt- Saran.

... ... Appellant Versus

1. The State of Bihar

2. Ms. X D/O Idrish Miyan R/O Vill.- Karnpura, P.S.- Madhaurah, Dist.- Saran.

... ... Respondents ======================================================

Appearance :

For the Appellant : Mr. Rajendra Narain, Sr. Advocate Dr. Rajesh Kumar Singh, Advocate Mr. Kanaya Kumar, Advocate For the State : Mr. Binod Bihari Singh, Addl.PP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 10-02-2026 Heard learned Senior Counsel for the appellant and learned Additional Public Prosecutor for the State.

2. Notice has been issued to respondent no.2 but in spite of valid service of notice, respondent no. 2 has chosen not to appear in this case.

3. This appeal has been preferred for setting aside the judgment of conviction dated 05.09.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 12.09.2022 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions Judge-VI-cum-Exclusive Special Judge, POCSO Act, Saran at Chapra (hereinafter referred to as the ‘learned trial court’) in ST POCSO No. 21 of 2021 arising out of Marhowrah P.S. Case No. 298 of 2020. By the impugned judgment, the appellant has been convicted for the offences punishable under Section 376 D of the Indian Penal Code (in short ‘IPC’) and Section 4 and 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and has been sentenced to undergo ten years rigorous imprisonment with a fine of Rs.10,000/- under Section 4 of the POCSO Act and in default of payment of fine, he has to further undergo six months simple imprisonment. He has also been ordered to undergo twenty years rigorous imprisonment with a fine of Rs.10,000/- under Section 6 of the POCSO Act and in default of payment of fine, he has to further undergo six months simple imprisonment. Both the sentences are to run concurrently.

Prosecution Case

4. The prosecution case is based on the fardbeyan of the informant/victim (PW-4). In her fardbeyan, she has alleged that on 12.04.2020 at about 07:00 PM, when she had gone out to attend the nature’s call in the field then Dhuman Kumar, Manu Kumar (the appellant) and Pankaj Kumar caught hold of her, tied her mouth with dupatta, thereaftere, Manu and Pankaj tore her clothes and raped her one by one. She has alleged that she somehow managed to escape and went home. She did not tell about this occurrence to anyone due to social stigma and fear of the accused persons. It is further alleged that on 13.04.2020 Manu and Pankaj had beaten her by a danda near a mango orchard in front of Karnpura School and asked her not to tell about this to anyone. The villagers were also present there. On 14.04.2020 at about 10:00 AM her neighbour Javed Bhai told her elder sister that a video of her sister (victim) is viral on the net. Thereafter, the victim told her sister about the incident. She stated that all the accused persons were from Vikrampur village adjacent to her village.

5. On the basis of this fardbeyan, FIR being Marhowrah P.S. Case No. 298 of 2020 dated 15.04.2020 was registered under Section 376D IPC and Section 67(A)(C) of the Information Technology Act, 2008 (in short ‘IT Act’) against (1) Dhuman Kumar, (2) Manu Kumar (this appellant) and (3) Pankaj Kumar. After investigation, police submitted chargesheet bearing Chargesheet No. 378 of 2020 dated 02.07.2020 under Section 376D and Sections 4/6 of the POCSO Act against three FIR named accused. Learned trial court vide order dated 08.12.2020 to