IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.720 of 2023 Arising Out of PS. Case No.-299 Year-2018 Thana- MAJHAULIA District- West Champaran ======================================================

Accused.

... ... Appellant/s Versus

1. The State of Bihar

2. Father of the victim.

... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Udit Narain Singh, Adv.

Mr. Ramchandra Sahni, Adv.

For the Respondent/s : Mr. Bipin Kumar, A.P.P. For the Pvt. Respondent : Mr. Sanjeev Kumar, Adv.

Mr. Sitesh Kashyap, Adv.

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

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 11-02-2026 Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for the informant.

2. The present criminal appeal has been preferred against the judgment of conviction dated 09.05.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 16.05.2023 (hereinafter referred to as the ‘impugned order’) passed by the learned court of 1^st Additional Sessions Judge -cum- Children Court, District, Bettiah, West Champaran in Special Case No. 15 of 2018, CIS No. POCSO 48 of 2018. By the impugned judgment of conviction, the appellant has been convicted for the offences punishable under Section 376(3) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and vide impugned order of sentence, he has been directed to undergo rigorous imprisonment for a period of twenty years with a fine of Rs. 20,000 (Twenty thousand) under Section 376(3) of the Indian Penal Code (in short ‘IPC’) and in default of payment of the fine, the appellant shall undergo simple imprisonment further for a period of six months.

Prosecution Case.

3. The prosecution case is based on written information furnished by the father of the victim girl (X) on 11.07.2018 at 7:00 A.M. to the Station House Officer of Manjhauliya Police Station, district- West Champaran. In his written information (Exhibit-1), the informant (P.W.-3) has alleged as under:-

“That on 10.07.2018 in the night, Barat had come near his house and his minor daughter along with his wife had gone to watch the Barat and returned back in the night at 1:00 A.M. while he was sleeping at the Machan situated at his door. On seeing them, he instructed them to sit on the Machan and he went to see the Barat where both of them slept. While they were sleeping on the Machan, the appellant, Munna Kushwaha at about 1:30 A.M. in the night, came there and taken her minor daughter towards the east of his house near the field of his brother, Mahendra Mukhiya and committed rape upon her and fled away leaving her in unconscious condition in the field. When the daughter of the informant came to her mother, she woke up and narrated the entire occurrence and thereafter she called him.”

4. It appears from the record that after investigation of the case, based on the materials collected in course of investigation, police submitted a charge-sheet under Sections 376 of the I.P.C. and Section 6 of the POCSO Act against the sole accused-

appellant on 02.09.2018.

5. Upon submission of charge-sheet, the learned Additional District & Sessions Judge-1st -cum- Special Judge, (POCSO) took cognizance of the offences vide order dated 04.09.2018 and the matter was posted on 15.09.2018 for supply of police paper, framing of charge and determination of age of the accused.

6. On 15.09.2018, learned Special Judge considered the records produced on behalf of the accused which included the provisional certificate of the Bihar School Examination Board showing that the date of birth of the accused was 17.02.2001. The date of occurrence being 10.07.2018, the learned Special Judge held that the accused was 17 years 4 months and 2