IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.206 of 2022

Arising Out of PS. Case No.-137 Year-2013 Thana- DUMRAO District- Buxar

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Satyamanu Kumar Singh, male, aged about 36 years, Son of Late Surendra

Bahadur Singh, Resident of Village – Hariji ka Hata, Dumraon, Police Station

– Dumraon, District – Buxar.

... ... Appellant

Versus

The State of Bihar

... ... Respondent

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Appearance :

For the Appellant

:

Mr. Bindhyachal Singh, Sr. Advocate

:

Mr. Parijat Saurav, Advocate

:

Mr. Vipin Kumar Singh, Advocate

For the Respondent

:

Ms. Shasi Bala Verma, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

and

HONOURABLE JUSTICE SMT. GUNNU ANUPAMA

CHAKRAVARTHY

ORAL JUDGMENT

(Per: HONOURABLE JUSTICE SMT. GUNNU ANUPAMA

CHAKRAVARTHY)

Date : 08-11-2023

This appeal has been filed against the judgment of

conviction dated 07.02.2022 and order of sentence dated

09.02.2022 passed by the Additional District and Sessions Judge

VI-cum- Special Judge, POCSO Act, Buxar in POCSO Case No.

18/2015 (which arose out of the case No. 137 of 2013 of

Dumraon P.S), wherein the appellant has been convicted for the

offences punishable under Section 376(2)(f), 377 of the Indian

Penal Code, and under Section 4 of the POCSO Act as under:

Patna High Court CR. APP (DB) No.206 of 2022 dt.08-11-2023

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Criminal Appeal (DB) No. 206 of 2022

Appellant’s

Name

Convicted

under

Section

Sentence

Imprisonment

Fine(Rs.) ^{In default of}

fine

Satyamanu

Kumar

Singh

376(2)(f) of

the I.P.C.

Imprisonment

for life

1,00,000/-

S.I. for 1

year

377 of the

I.P.C.

R.I. for 10

years.

50,000/-

S.I. for 6

months

4 of the

POCSO Act

R.I. for 20

years

1,00,000/-

S.I. for 1

year

2. All the sentences have been directed to run

concurrently.

3. We are not disclosing the name of the victim and the

prosecution witnesses in this case as the matter pertains to POCSO

Act as well as under Section 376 of the I.P.C.

4. We have heard Mr Bindhyachal Singh, Learned

Senior counsel for the appellant the Learned Public Prosecutor for

the State of Bihar.

5. The criminal law was into motion basing on the

written application given by P.W.-7, who is the father of the victim

girl. It was alleged in the written complaint that on 12.07.2013, at

around 07:30 P.M., the appellant who lives next to the their house

took his daughter/victim, aged about 7 years, to his house and

raped her. The victim returned home crying and informed about

the incident to her mother i.e. P.W.-1. Further, P.W.-1, called the

informant i.e. P.W.-7, informed him about the incident who inturn

Patna High Court CR. APP (DB) No.206 of 2022 dt.08-11-2023

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gave the written information to the Police/Incharge of the Police

Station, Dumraon.

6. Basing on the said written application, a case was

registered vide Crime No. 137 of 2013 dated 12.07.2013 for the

alleged offence punishable under Section 376 of the I.P.C. During

the course of the investigation, the victim was referred to medical

examination on the same date in the mid-night. Later the 164

Cr.P.C. statement of the victim was recorded on 15.07.2013.

Again, the victim was medically examined on 17.07.2013 by a

team of doctors. The Police have also recorded the statements of

the witnesses under Section 161 of Cr.P.C. and on completing the

investigation laid charge-sheet against the appellant for the offence

punishable under Section 376 and 377 of the I.P.C. The trial court

took cognizance for the said offences on 26.07.2013 and later the

case file was committed to the Court of sessions. The Sessions

Court framed charges against the appellant for the offence

punishable under Section 376(2)(f) and Section 377 of the I.P.C.

on 31.10.2013. Further, the charge under Section 4 of the POCSO

Act was added on 25.01.2016. T