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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2846 of 2025

Arising Out of PS. Case No.-140 Year-2023 Thana- MUZAFFARPUR TOWN District-

Muzaffarpur

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Md. Azaz @ Md. Ajaj S/o Md. Ajhar @ Mohd Izhar Vill.- Jagarnathpur, PS-

Paroo, Distt.- Muzaffarpur

... ... Appellant/s

Versus

1. The State of Bihar

2. Ms. X W/o Manish Singh Vill.- Fulad, Gautam Tola, PS- Paroo, Distt.-

Muzaffarpur

... ... Respondent/s

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Appearance :

For the Appellant/s : Mr. P.N. Shahi, Sr. Advocate

Mr. Priyesh Kumar, Advocate

For the Respondent/s : Ms. Abha Singh, APP

For the Informant : Mr. Sanjay Parasmani, Advocate

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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH

ORAL ORDER

3 29-01-2026 1-Heard Mr. P.N. Shahi, learned Senior counsel assisted

by Mr. Priyesh Kumar learned counsel for the appellant, Ms.

Abha Singh, learned Additional Public Prosecutor representing

the State and Mr. Sanjay Parasmani, learned counsel for the

informant.

2-This appeal under Sections 415 (2) and 430(1) of

B.N.S.S. has been preferred by the appellant namely, Md. Azaz

against the judgment of conviction dated 24.06.2025 and order

of sentence dated 30.06.2025 passed by learned District and

Additional Sessions Judge-6th-cum-Special Judge POCSO (1),

Muzaffarpur in POCSO (G.R) Case No. 50 of 2023 arising out

of Town Police Station Case No. 140 of 2023, Under Sections

Patna High Court CR. APP (SJ) No.2846 of 2025(3) dt.29-01-2026

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363 of the IPC and Section 8 of the POCSO Act, District

Muzaffarpur, convicting and sentencing the appellant as under:-

(a) Four years' rigorous imprisonment and fine of Rs.

5,000/- for the offence under Section 363 of the IPC and in

default of payment of fine, Six months additional rigorous

imprisonment.

(b) Three years' rigorous imprisonment and fine of Rs.

5,000/- for the offence under Section 8 of the POCSO Act and in

default of payment of fine, Six months' additional rigorous

imprisonment.

All the sentences are ordered to run concurrently.

3-The appellant has prayed for suspension of his sentence

and release on bail during the pendency of this Criminal Appeal

before this Court.

4-Brief facts of the case, which are required to be stated

are that informant, who is mother of the victim got a First

Information Report lodged against the appellant stating inter-

alia that on 21.02.2023 at about 12 P.M. her daughter had gone

to take examimation in Rameshwar Singh College, Balu Ghat.

Where appellant was already present. When she reached at the

said college, he forcibly kidnapped her and fled away by the

Patna High Court CR. APP (SJ) No.2846 of 2025(3) dt.29-01-2026

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vehicle. She got an information about the said incident from

Airport Police Station on 21.02.2023 at about 6 P.M. that her

daughter along with accused-appellant was caught and they

were detained in police station. On interrogation, victim told her

that there were three boys and a girl sitting in the vehicle when

she was kidnapped. She also stated that the appellant kidnapped

her forcibly with intention to marry her.

5-It is argued by learned counsel for the appellant that the

appellant is innocent and he has been falsely implicated in this

case. The impugned judgment and order of conviction and

sentence of the Trial Court is not sustainable in the eyes of the

law. In this regard, he further submits that though the victim was

major on the day of incident but she has been falsely shown to

be a minor on the basis of a fraudulent document issued by

Statistical Directorate on 12.07.2004,which has been exhibited

as Exhibit-5. Reference of the same has been mentioned by the

trial Court in paragraph no. 9 of the impugned judgment

observing that “Ext-5 is birth certificate which shows that it was

issued by Statistical Directorate on 12.07.2004 and it is

mentioned therein that victim was born on 28.04.2007 and on

the alleged date of occurrence she was below 18 years therefore

she