PATNA, India, Aug. 21 -- Patna High Court issued the following judgment on July 22:

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of conviction dated 18.03.2023 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 23.03.2023 (hereinafter referred to as the 'impugned order') passed by learned Additional Sessions Judge-VII-cum-Spl. Judge (POCSO), Madhubani (hereinafter referred to as the 'learned trial court') in Trial No. 97 of 2023, POCSO G.R. Case No. 11 of 2019 arising out of Saharghat P.S. Case No. 14 of 2019. By the impugned judgment, the appellant has been convicted for the offences under Section 376 of the Indian Penal Code (in short 'IPC') and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act') and by the impugned order, he has been ordered to undergo rigorous imprisonment for life with a fine of Rs.10,000/- under Section 6 of the POCSO Act read with Section 376 IPC and in default of payment of fine, he has to further undergo simple imprisonment for six months.

Prosecution Case 3. The prosecution case in brief is that the informant (PW-1), who is the grandfather of the victim (PW-4), in his written application stated that on 28.01.2019 at 07:00 PM, his villager Ramsnehi Mukhiya (appellant) took his granddaughter (victim) aged about 8 years on the pretext of feeding her Kurkure and pakodi. After sometime, when his granddaughter did not return, they started searching for her. During search, a sound was heard from the village's 'basbitti' (bamboo grove), so he and his son (PW-3) went to the 'basbitti' and saw that Ramsnehi Mukhiya was committing wrong with his granddaughter and his granddaughter was crying. The private part of his granddaughter was covered with blood. Thereafter, they took the victim to Madhwapur Hospital for her treatment and the villagers caught Ramsnehi Mukhiya and handed over to the police.

4. On the basis of this written application of the informant, Saharghat P.S. Case No. 14 of 2019 dated 29.01.2019 was registered under Sections 376(AB) IPC and Sections 4 and 6 of the POCSO Act against this appellant. After investigation, police submitted chargesheet bearing Chargesheet No. 28 of 2019 dated 20.03.2019 under Section 376(AB) IPC and Sections 4 and 6 of the POCSO Act against the appellant. Thereafter, vide order dated 27.03.2019, the learned trial court took cognizance of the offences mentioned above. The charges were read over to the appellant in Hindi to which he pleaded not guilty and claimed to be tried, accordingly, vide order dated 13.05.2019, charges were framed against the appellant for the offences under Section 376 IPC and Sections 4 and 6 of the POCSO Act.

5. In course of trial, the prosecution examined seven witnesses and exhibited several documentary evidences. The description of the prosecution witnesses and the documents are given hereunder in tabular form:-

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM4MzgjMjAyMyMxI04=-I58a7ErtNF4=

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