SUNNY DEOL Vs. STATE OF BIHAR
HIGH COURT OF PATNA
STATE OF BIHAR
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BIRENDRA KUMAR,J. -
(1.) The sole appellant Sunny Deol has questioned the correctness of his conviction in Special (POCSO) Case No.29 of 2014, arising out of Patna Kotwali P.S. Case No.489 of 2014. The learned trial Judge (1stAdditional Sessions Judge, Patna) by the impugned judgment dated 16.01.2017 found the appellant guilty for offences under Section 376 of the Indian Penal Code as well as under Section 4 of the POCSO Act. The learned trial Judge has, by order dated 21.01.2017, awarded ten years rigorous imprisonment and a fine of rupees ten thousand under both the aforesaid heads. In default of payment of fine; the appellant would undergo further six months imprisonment. The sentences have been ordered to run concurrently.
(2.) A conjoint reading of the written report of the victim dated 10.08.2014 (Exhibit-1) and her statement recorded under Section 164 Cr.P.C. on 11.08.2014 vide Exhibit-2 discloses the following prosecution case:
The informant stated in her first information to the police that she is aged about 14 years and is a student of ClassVIII in Awadhpura Upgraded Middle School in the town of Chapra. The appellant is relative of her Bhabhi and, as such, was visiting the house of the informant since last two years. The informant got intimacy. On 06.08.2014 when the informant was standing near her school at 10:00 AM, the appellant reached there on a motorcycle and asked her to accompany for a tour. Since the appellant was known to the informant; she believed and seated on the said motorcycle and they reached from Chapra to Patna. At about 12:00 night the appellant took the informant to the residence of one Ganesh Pal and ravished her. The appellant kept the informant thereat on 06.08.2014 and 07.08.2014 and on both dates the appellant allegedly ravished the informant. On 08.08.2014 Ganesh Pal took the informant to his village Painal where full-brother of the informant Munna (PW 3) was called on and everything was reported to Munna. Thereafter, the informant went to Maner Police Station. The Maner Police stated that the matter is of the jurisdiction of Patna Kotwali. Hence, the written report was submitted to the Patna Kotwali and FIR was registered.
In her statement, under Section 164 Cr.P.C., the informant stated that her Bhabhi was sleeping at the roof of the house along with her children. At about 10:00 PM mobile of Bhabhi rang. The victim came down and saw that the caller was the appellant. The appellant asked her to come out. The victim went out. Thereafter the appellant forcibly took her on the motorcycle and carried her to Patna at the residence of Ganesh Pal and ravished her. She has stated that Ganesh Pal is her own Mausa and the appellant addresses Ganesh Pal as grand-father. In the prosecution evidence it has come that Ganesh Pal is brother of father-in-law of PW 3 Munna Rai, who is full-brother of the victim. In the statement under Section 164 Cr.P.C., the victim further admitted that since several months the appellant used to come to her house in the night and used to be in physical relation with her. Thereafter, the victim conceived of the appellant. When she was carrying five months pregnancy her bhabhi Ms. Mamta (who was not examined as prosecution witness but her husband has been examined as PW 3) took her to the doctor and get aborted. Even after abortion the appellant was in physical relation with the victim; rather the appellant had physical relation with Mamta also as Mamta was allured by the gifts of the appellant.
(3.) During trial prosecution examined altogether seven witnesses. PW 1 Ramesh Rai is cousin brother of the victim and is a hearsay witness of the occurrence. PW 2 Dr. Bibha Sinha had medically examined the victim. PW 3 Munna Rai is full brother of the victim and has supported the prosecution case as hearsay witness, PW 4 Lakho Devi is mother of the victim, PW 5 the victim girl herself and PW 6 Pappu Kumar Rai, a cousin brother of the victim has turned hostile. PW 7 Punam Chaudhary is Investigating Officer of this case.;
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