IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (DB) No.196 of 2022

Arising Out of PS. Case No.-124 Year-2021 Thana- MAHILA P.S. District- Araria

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Raj Kumar Yadav, Son of Late Radheshyam Yadav, Resident of Kuwari, Ward

No. 05, P.S. - Kuwari, O.P. District - Araria.

... ... Appellant.

Versus

The State of Bihar

... ... Respondent.

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Appearance :

For the Appellant

:

Mr. Sanjay Kumar Sharma, Advocate.

Mr. Kumar Ravish, Advocate.

For the State

:

Mr. Sujit Kumar Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

and

HONOURABLE MR. JUSTICE SANDEEP KUMAR

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE A. M. BADAR)

Date : 03-04-2023

By this appeal, the appellant/convicted accused is

challenging the Judgment and Order dated 15.12.2021 passed by

the learned Special Judge under the Protection of Children from

Sexual Offences Act, Araria, in Special POCSO Case No.36 of

2021, thereby convicting him of the offences punishable under

Section 376 AB of the Indian Penal Code as well as under

Section 4 of the Protection of Children from Sexual Offences

Act (hereinafter referred to as the ‘POCSO Act’ for the sake of

brevity). For the offence punishable under Section 376 AB of

the Indian Penal Code, the appellant/convicted accused is

sentenced to suffer rigorous imprisonment for life which is to

Patna High Court CR. APP (DB) No.196 of 2022 dt.03-04-2023

2/15

mean imprisonment for reminder of the natural life of the

convict apart from imposition of fine of Rs.10,000/- and in

default, to suffer simple imprisonment for ten days. In view of

the provisions of Section 42 of the POCSO Act, no separate

sentence came to be imposed for the offence punishable under

Section 4 thereof. For the sake of convenience, the appellant

shall be referred to in his original capacity as ‘an accused’.

2. Facts leading to the prosecution of the accused can

be gathered thus:

(a). According to the prosecution case, the accused by

enticing the victim female child, who at the relevant time was

eight years old, took her to the shop and then to the ‘Bagaan’

whereat he had committed penetrative sexual assault on her.

After doing the act, the accused fled away. The victim female

child, anyhow, returned to her house and disclosed the incident

to her mother. She was then taken to the Primary Health Centre,

Kursakanta, for medical treatment. Her father (P.W.7) then

lodged report of this incident which took place on 22.09.2021

on the very same day and, that is how, Crime No.124 of 2021

came to be registered against the accused at Araria Mahila

Police Station for the offences punishable under Section 376 AB

of the Indian Penal Code as well as under Section 4 of the

Patna High Court CR. APP (DB) No.196 of 2022 dt.03-04-2023

3/15

POCSO Act. Wheels of investigations were then set in motion.

(b). During the course of investigation, the accused

came to be arrested on 23.09.2021. Routine investigation

followed. Statements of the witnesses came to be recorded and

on completion of investigation, the chargesheet against the

accused came to be filed on 20.11.2021 leading to the

registration of the Special POCSO Case bearing number 36 of

2021 on the file of the learned Special Judge, Araria.

(c). On 14.12.2021, the learned trial court took

cognizance of the offences alleged to have been committed by

the accused. Then on the next day, i.e., on 15.12.2021, the

charge came to be framed by the learned trial court. The police

papers commonly known as the chargesheet came to be supplied

to the accused on the very same day itself. Services of the

Advocate from the panel of the Legal Aid came to be provided

to the accused on the very same day. On that day, i.e., on

15.12.2021 itself, evidence of eight prosecution witnesses c