IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.441 of 2023 Arising Out of PS. Case No.-361 Year-2019 Thana- RIVILGANJ District- Saran ======================================================

Rajesh Kumar @ Rajesh Kumar Nut @ Firoj Nut, Son of Ful Nut, Resident of Village Takiapar, PS- Manjhi Also At Rivilganj Nut Toli, PS- Rivilganj, Saran. ... ... Appellant Versus

1. The State of Bihar

2. Mangali Devi, Wife of Mangal Bind, Resident of Village- Naya Basti, Bind Toli, PS- Rivilganj, Dist- Saran.

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

Appearance :

For the Appellant : Mr. Nachiketa Jha, Advocate For the State : Mr. Satya Narayan Prasad, Addl.PP For the Informant/ Resp 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 : 19-02-2026 We have heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. Despite service of notice on the informant-

Respondent No. 2, no one has entered appearance to oppose the appeal.

3. This appeal has been preferred for setting aside the judgment of conviction dated 27.01.2023 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 03.02.2023 (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. 20 of 2020 arising out of Rivilganj P.S. Case No. 361 of 2019. By the impugned judgment, the appellant has been convicted for the offences punishable under Sections 302, 376 and 363 of the Indian Penal Code (in short ‘IPC’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’) and vide impugned order dated 03.02.2023, shas been sentenced to undergo twenty years rigorous imprisonment with a fine of Rs.25,000/- under Section 4 of the POCSO Act and in default of payment of fine, he has to further undergo one year simple imprisonment. He has also been ordered to undergo twenty years rigorous imprisonment with a fine of Rs.25,000/- under Section 6 of the POCSO Act and in default of payment of fine, he has to further undergo one year simple imprisonment. Further, the appellant has been directed to undergo imprisonment for life and to pay a fine of Rs. 25,000/- under Section 302 IPC and in default of payment of fine, he shall undergo one year simple imprisonment. The appellant shall also undergo rigorous imprisonment for five years with a fine of Rs. 10,000/- under Section 363 IPC and in default of payment of fine, he shall undergo simple imprisonment for six months. All the sentences are to run concurrently.

Prosecution Case

4. The prosecution case is based on the fardbeyan of the informant (PW-7). In her fardbeyan, she has alleged that on 17.11.2019, between 5:00-6:00 PM, her ten years old daughter ‘X’ was playing with other girls near Maharani Asthan Educate School in the temple courtyard. At about 5:30 PM, three unknown men allegedly came there and tried to take the girls towards orchard by offering sweets. It is alleged that when the girls resisted, the accused persons tried to drag them forcibly but three girls somehow managed to escape and informed their families, after which a search was conducted and the local administration was informed. On 18.11.2019, the dead body of ‘X’ was found in a water pond in the mango orchard of Badan Rai. The girls who managed to escape described the accused persons as men aged about 20–30 years, they used to visit the temple daily and they could recognise them if they see the accused persons. The informant suspected that her daughter was murdered by unknown persons and that another girl has also been murdered. The murder of informant’s daughter has been committed by conspiracy and to conce