IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.913 of 2017 Arising Out of PS. Case No.-220 Year-2014 Thana- BHAWANIPUR District- Purnia ======================================================

Chandra Kishore Bhagat Son of Late Baldeo Bhagat Resident of Village -

Bhawanipur, Sudama Nagar, P.S. - Bhawanipur, District - Purnea.

... ... Appellant/s Versus

1. The State of Bihar

2. XXX ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Amit Kumar Anand, Advocate Mrs. Bharti Kumari, Advocate Mr. Kumar Manglam, Advocate Mr. Lalmani Sharma, Advocate Mr. Hira Sharma, Advocate For the Respondent/s : Ms. Shashi Bala Verma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE DR. ANSHUMAN)

Date :17-02-2026 The present appeal has been filed under Section

374(2) of the Code of Criminal Procedure, 1973 challenging the judgement of conviction dated 23.05.2017 and order of sentence dated 29.05.2017 passed by the learned 1^st Additional Sessions Judge-cum-Special Judge, Purnea in Special (POCSO) Case No. 39 of 2014 arising out of Bhawanipur P.S. Case No. 220 of 2014, whereby and whereunder the learned Trial Court had convicted the appellant under Section 376(2) (i) of the Indian Penal Code and Section 6 of the Protection of Children From Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) and sentenced him to undergo imprisonment for life which shall mean imprisonment for the remainder of his natural life and his last breathe in jail and to pay a fine of Rs.15,000/- (Rupees Fifteen Thousand) which shall be paid to the victim child by way of compensation under Section 376(2) (i) of the Indian Penal Code, 1860 (hereinafter referred to as ‘the I.P.C.’).

2. The prosecution case is based on the written report submitted by the informant to SHO, Bhawanipur, Purnea on 24-09-2014 at 11 A.M.to the effect that on 24-09-2014 at about 9 A.M., when the daughter of informant (victim) took the child out of the house for a walk at that very same time the accused Chandra Kishore Bhagat who happens to be co-villager of informant took her said daughter (victim) inside his house by inducing her and forcibly committed rape on her within his own house. When the daughter of informant (victim) began to weep and scream nearby persons arrived there and saved her.

3. On the basis of written application/report of informant Bhawanipur P.S. Case No.220/14 was registered on

24-09-2014 under Section 376 of the IPC and 18 of the POCSO Act against the accused Chandra Kishore Bhagat and investigation into alleged incident commenced. After concluding investigation the police submitted charge sheet bearing No.195/14 dated 30-10-2014 in this case u/ss.376 IPC and 4 of the Protection of Children from Sexual Offences Act, 2012 on 10-11-2014 and vide order dated 16-12-2014 cognizance of above mentioned offences was taken against the accused.

4. On 9-6-2015 the charges under section 376 IPC and 4 of the POCSO Act were framed against the accused and upon his denial he was put on trial. During pendency of the trial the charges framed against the accused under sections 376 I.P.C and 4 of the POCSO Act were rectified on dated 06-05-

2017 as sections 376 (2) (i) I.P.C and 6 of the POCSO Act.

5. The prosecution has examined following witnesses in the Court:- P.W.1 Champa Devi, P.W.2 the informant, P.W.3 Dr. Sunita Prasad, P.W.4 Chhabiya Devi, P.W.5 Mantu Kumar, P.W.6 Ramdeo Swarnkar, P.W.7 the victim girl herself, P.W.8 Awdhesh Sah, P.W.9 Nutan Devi and P.W.10 Sri Ran Vijay Kumar, the then Judicial Magistrate First Class, Purnea.

6. The prosecution has proved and got exhibit marked the signature of informant on her written application/report which is the basis of this case as Ext.1. The Medical Examination Report of P.W.3 related to victim as Ext.2, Signature of victim girl on her