Decided on April 12,2021

Deepak Mahto @ Deepak Kumar Appellant
STATE OF BIHAR Respondents


Birendra Kumar,J. - (1.) The sole appellant Deepak Mahto was charged under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act in connection with Inarwa P.S. Case No. 43 of 2018 corresponding to CIS No. 218 of 2018. However the learned trial Judge convicted the appellant for offence under Section 18 of the POCSO Act for the reason that the trial Judge was of the view that no case of aggravated penetrative sexual assault was made out rather a case of attempt to commit penetrative sexual assault was proved against the appellant. Accordingly, the learned Special Judge, POCSO, West Champaran at Bettiah sentenced the appellant to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2 lacs. In default of payment of fine, two years further imprisonment was ordered. Out of the aforesaid fine amount, Rs.1 lac was ordered to go to the victim. The judgment of conviction dated 12.06.2019 and order of sentence dated 15.06.2019 are under challenge in this appeal.
(2.) The prosecution case as disclosed in the written report (Ext.2) in the pen of Isteyaq is that the prosecutrix aged about 13 years was in her house in village-Khamhiya, P.S.- Inarwa, District-West Champaran. On 16.06.2018 at about 12 night, the appellant entered into her house and forcefully established sexual relationship. The informant tried to make alarm, but the appellant pressed on her mouth. Further allegation is that the appellant lifted her and was carrying her to commit her murder, but the family members came and the appellant was apprehended and was handed over to the police.
(3.) On the basis of the statement aforesaid, Inarwa P.S. Case No. 43 of 2018 was registered on 17.06.2018 under Section 376 IPC and Section 6 of the POCSO Act vide Ext.-2.;

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