Court upheld conviction and refused bail due to consistent evidence from victim regarding abduction and assault.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

5 06-01-2026 I.A. No. 01 of 2025 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. This application has been filed seeking suspension of sentence and release of the appellant on bail during pendency of the appeal.

3. The appellant has been convicted vide judgment dated 29.08.2024 and sentenced vide order dated 05.09.2024 by learned Additional Sessions Judge-VI-cum- Special Judge, POCSO, Banka, in Special POCSO Case No. 2693/2020 arising out of Bandhua Kurawa P.S. Case No. 44/2020 for the offences punishable under Sections 363 and 376(1) of the Indian Penal Code (in short ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). The appellant has been ordered to suffer rigorous imprisonment for seven years with a fine of Rs. 5,000/- for the offence under Section 363 of IPC and in default of payment of fine, he shall further undergo rigorous imprisonment for a period of three months. He has been further sentenced to undergo rigorous imprisonment for fourteen years with a fine of Rs. 10,000/- for the offence under of the POCSO Act and in default of payment of fine, he shall further undergo rigorous imprisonment for a period of six months. No separate sentence has been passed under Section 376(1) of IPC as prescribed under Section 42 of the POCSO Act. Both the sentences have been ordered to run concurrently.

4. As per the prosecution story, the informant Bhutan Thakur stated that on 17.08.2020, his minor daughter, aged about 16 years, was kidnapped by the appellant, Pappu Paswan, with an intention to marry her. The offence was committed with the help of the appellant’s family members and in this regard, when the informant went to question Dhaneshwar Paswan, he was abused and driven away, and despite search, the victim could not be traced.

5. Learned counsel for the appellant submits that in this case, the victim girl was found major in her medical examination but at a belated stage her Matriculation Certificate was produced showing her date of birth being 04.06.2004. It is submitted that PW-9 who is the Principal of the School has stated that the victim was admitted in his School on 25.04.2018, therefore, this is not the first School attended by the prosecutrix/victim.

6. Learned counsel further submits that in course of trial the victim has deposed that she has made statement in course of her 164 Cr.P.C. statement on the asking of the Daroga and whatever was told to her she had narrated in her statement under Section 164 Cr.P.C.

7. Learned counsel further submits that the appellant is in jail for five years and three months.

8. On the other hand, learned Additional Public Prosecutor for the State submits that PW-1 who is the Medical Officer of the Sadar Hospital has stated that the age of the victim was above 18 years according to radiological report however, the Matriculation Certificate which has been brought on record through PW-9 and the same has been marked Exhibit-P-5/PW-9 and the Admission Register showing serial no. 94 has been marked Exhibit-P-6/PW-9 which would show that the victim was minor at that time of occurrence.

9. Learned counsel further submits that the victim is consistent in her statement under Section 164 Cr.P.C. and also in course of trial.

10. Having regard to the submissions noted hereinabove and the materials which we have prima facie gone through, on noticing that in this case, the Matriculation Certificate has been brought on record to prove the age of the victim and according to said certificate, she is minor and further that in her 164 Cr.P.C. statement as well as in course of trial, she has made consistent statement saying that this appellant had lifted her away and took her to Kolkata and then she was subjected to rape on repeated occasions, we are not inclin