PATNA, India, Nov. 21 -- Patna High Court issued the following judgment on Oct. 30:

Heard Mrs. Bela Singh, learned counsel for the appellant. Learned Additional Public Prosecutor for the State is not present.

2. This appeal is arising out of judgment of conviction dated 13.03.2023 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 14.03.2023 (hereinafter referred to as the 'impugned order') passed by learned learned 7th Additional Sessions Judge-cum-Special Judge, POCSO (W) Muzaffarpur (hereinafter referred to as the 'learned trial court') in G.R. No. 61 of 2021 arising out of Mahila P.S. Case No. 49 of 2021.

3. By the impugned judgment, the learned trial court has been pleased to convict the appellant of the charges under Section 376 of the Indian Penal Code (in short 'IPC') and Section 6 of the Protection of Children from Sexual Offences (in short 'POCSO') Act and ordered to undergo rigorous imprisonment for 20 years and a fine of Rs. 50,000/- and in default of payment of fine, the appellant has to undergo imprisonment of one year.

Prosecution case 4. The prosecution case is based on the written complaint submitted by the informant (victim) to the Station House Officer (SHO) of Mahila Police Station on 24.05.2021. In her written complaint, the victim has stated that she is aged about fourteen years. She has alleged that adjoining to her house, there is house of Ramsevak Singh of her village in which no one resides. On 24.04.2020, informant's cousin brother (the appellant), on the pretext of marriage, took her to the house of Ramsevak Singh and committed rape upon her. She is carrying pregnancy due to this act. She has further alleged that the appellant is continuously indulged in raping her.

5. After investigation of the case, police submitted a chargesheet against the appellant vide Chargesheet No. 64 of 2021 dated 04.07.2021 under Sections 341, 342, 493 and 376 of IPC and Sections 4 and 6 of the POCSO Act. Cognizance of the offences was taken by the learned Special Court, POCSO on 12.07.2021 under Sections 341, 342, 493 and 376 IPC and Sections 4 and 6 of the POCSO Act. Charges were read over and explained to the appellant in Hindi to which he pleaded not guilty and claimed to be tried. Accordingly, vide order dated 03.09.2022, charges were framed under the same sections against the appellant on. 6. The prosecution examined altogether seven witnesses and placed on record nine documentary evidences. The list of the witnesses and the documentary evidences produced on behalf of the prosecution is as under:-

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