IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.552 of 2023 Arising Out of PS. Case No.-75 Year-2014 Thana- BUXAR District- Buxar ======================================================

1. Sahina Khatoon W/O Pappu Dalal Banarsi R/O Muhalla Koeirpurwa P.S.

Buxar (T) Dist. Buxar

2. Pappu Dalal Banarsi S/O Jalaluddin R/O Muhalla Koeirpurwa P.S. Buxar (T) Dist. Buxar

3. Munna Darijee S/O Ayub Ali R/O Muhalla Koeirpurwa P.S. Buxar (T) Dist.

Buxar ... ... Appellant/s Versus

1. The State of Bihar

2. MS. ‘X’

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

Appearance :

For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Mr. Bachan Jee Ojha, Advocate Mr. Navin Kumar Jha, Advocate Mr. Ritwik Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Respondent-State: Mr. Parmeshwar Mehta, Addl.PP For the Respondent No.2: None ======================================================

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

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 24-02-2026 Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. Earlier the informant- respondent No. 2 was served and she had entered appearance through a lawyer, but in course of hearing of the appeal, no one has appeared on behalf of the informant-respondent No. 2.

2. The appellants in this case are seeking setting aside of the judgment of conviction (hereinafter referred to as the ‘impugned judgment’) dated 28.04.2023 and the order of sentence (in short ‘impugned order’) dated 29.04.2023 passed by the learned 6^th Additional Sessions Judge-cum-Special Judge POCSO Court, Buxar (hereinafter referred to as the 'learned trial court') arising out of Buxar Town P.S. Case No. 75 of 2014 registered for offences punishable under Sections 376 and 120B of Indian Penal Code (in short 'IPC') and under Section 5 of the Immortal Traffic (Prevention) Act, 1956.

Prosecution Story

3. The prosecution case is based on a written typed information under signature of the victim addressed to the Superintendent of Police, Buxar. In her written information, mother of the victim alleged that her daughter (‘X’) was kidnapped on 30^th September 2012 at about 09:00 P.M., by Sahina Khatoon (appellant No.1). It is stated that Sahina Khatoon hatched a conspiracy and on finding the daughter of the informant alone in her house, came to her house and told her daughter that her mother was calling her and as the victim came to see her mother then Pappu Dalal Banarsi (appellant no.2) and Munna Darjee (appellant no.3) injured the victim and forcibly took her away in an auto-rickshaw to Buxar Station and from there they went to Mughalsarai and from Mughalsarai to Varanasi, from Varanasi she was taken to Mumbai where she stayed for about three months. The informant further alleged that her daughter was sold in brothel house and her name and pan card were changed. She claimed that these facts were told by her daughter, who somehow returned saving her life. The informant alleged that rape was also committed with her daughter. In past, Munna Darjee (appellant no.3) had assaulted the informant and her daughter on 24^th August 2009 and because she had made a complaint of this occurrence, they had kidnapped the victim girl and sold her in a brothel house.

4. On the basis of the said information Buxar Town P.S. Case No. 75 of 2014 dated 12.02.2014 was registered. Investigation was done and charge-sheet bearing No. 184 of 2015 dated 30.04.2015 was filed under Sections 376 and 120B of the I.P.C., under Section 5 of the Immoral Traffic (Prevention) Act and under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) against the accused persons.

5. Cognizance of the offences was taken and on finding that the charges were triable by the Special Judge, POCSO Court, the learned Court ordered for supply of the police paper in