Advocates:
['Md Imteyaz Ahmad', '', 'Malay Kumar Choudhary', 'RITWAJ RAMAN', 'SRI ABHAY KUMAR', '', 'Bipin Kumar APP', 'Abhay Kumar']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2662 of 2018

Arising Out of PS. Case No.-173 Year-2015 Thana- NARDIGANJ District- Nawada

======================================================

Bipin Rajvanshi Son of Sri Saro Rajvanshi, Resident of Village- Narhat, P.S.-

Narhat, District- Nawada.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr. Ajay Kumar Thakur, Advocate

Md. Imteyaz Ahmad, Advocate

For the Respondent/s

:

Mr. Bipin Kumar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR

CAV JUDGMENT

Date : 28-07-2021

The sole appellant Bipin Rajvanshi got conviction

for offences under Sections 363 and 376 of the Indian Penal

Code as well as under Section 6 of the POCSO Act by learned

1^st Additional Sessions Judge-cum-Special Judge (POCSO),

Nawada, in POCSO Case No. 4 of 2016, arising out of

Nardiganj P.S. Case No.173 of 2015. The learned trial Judge

awarded rigorous imprisonment for five years for offence under

Section 363 of the Indian Penal Code. A fine of rupees ten

thousand and in default of payment of fine three months simple

imprisonment was also ordered. No separate sentence was

awarded under Section 376 of the Indian Penal Code

Patna High Court CR. APP (SJ) No.2662 of 2018 dt.28-07-2021

2/15

considering the provisions of Section 42 of the POCSO Act;

rather ten years rigorous imprisonment and a fine of rupees fifty

thousand was awarded under Section 6 of the POCSO Act and

in default of payment of fine six months rigorous imprisonment

was ordered. The judgment of conviction dated 18.04.2018 and

order of sentence dated 20.04.2018 are under challenge in this

appeal.

2. The prosecution case as disclosed in the written

report dated 10.12.2015 of Gaya Mistri (PW 3) is that on

04.12.2015, at about 12:00 Noon, Shabo Kumari and Manoj

Kumar Rajvanshi, both daughter and son of Nande Rajvanshi,

came to the house of the informant and asked the minor

daughter of the informant to accompany for village Sobhiya

where marriage of the appellant was to be solemnized. They

further promised that they would return after solemnization of

the marriage. Nande Rajvanshi and his wife were also present

at that time. The appellant is Dewar of the daughter of Nande

Rajvanshi. It is further disclosed that the appellant, who is

disabled from one leg, was residing since last 2 to 3 months in

village Nardidih, i.e., village of the informant, and was doing

contract work at brick kiln in the village. After two days, the

family members of Nande Rajvanshi returned but the daughter

Patna High Court CR. APP (SJ) No.2662 of 2018 dt.28-07-2021

3/15

of the informant (PW 10) did not return. Then informant got

suspicion that all have kidnapped to his daughter for the

purpose of marriage. Thereafter informant and others started

search out of the victim but did not succeed to get her traced

out. Thereafter, FIR was lodged on 10.12.2015.

During investigation the appellant and the daughter

of the informant were recovered by the police from the house of

Naresh Rajvanshi in village Simarpole, P.S. Rujauli, District-

Nawada vide evidence of Investigating Officer (PW 12) at para-

6. Then the statement of the victim was recorded under Section

164 Cr.P.C. before the Magistrate. The victim has admitted

about her statement before the Magistrate, while being

examined as PW 10. According to the statement of the victim

under Section 164 Cr.P.C., on 04.12.2015 at about 10:00 AM,

she was going to school when she reached at the bridge near

Nardiganj P.S. the appellant was already standing there. The

appellant caught her hand and forcefully took her in a bus. Both

reached Patna and from Patna they took train for Mumbai. At

Mumbai the appellant and the victim remained in the rented

house for three days and