PATNA, India, Sept. 3 -- Patna High Court issued the following judgment on Aug. 4:

Heard learned counsel for the petitioner and learned Special Public Prosecutor for the State.

2. Vide order dated 24.07.2025, we have directed the learned Special Public Prosecutor for the State to instruct the officer in-charge of Ishipur Barahat Police Station in the District of Bhagalpur to serve a written notice upon the informant of this case with regard to the present case being heard in the High Court. The officer in-charge of Ishipur Barahat Police Station has, vide letter dated 02.08.2025, informed that the informant was served with notice. Despite service of notice, the informant has chosen not to appear in this case.

3. This appeal has been preferred for setting aside the judgment of conviction dated 24.08.2022 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 29.08.2022 (hereinafter referred to as the 'impugned order') passed by learned Exclusive Special Judge (POCSO Act)-cum-7th Additional Sessions Judge, Bhagalpur (hereinafter referred to as the 'learned trial court') in POCSO Case No. 72 of 2020 arising out of Ishipur Barahat P.S. Case No. 44 of 2020. By the impugned judgment, the appellant has been convicted for the offences under Sections 376, 323 of the Indian Penal Code (in short 'IPC') and Section 4 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act'). By the impugned order, he has been sentenced rigorous imprisonment for 20 years with a fine of Rs.20,000/- under Section 4 of the POCSO Act and in default of payment of fine, he has to further undergo six months imprisonment. He has also been sentenced simple imprisonment for one year with a fine of Rs.1,000/- under Section 323 IPC and in default of payment of fine, he has to further undergo simple imprisonment for one month. Both the sentences are to run concurrently.

Prosecution Case 4. The prosecution case is based on the written application given by the informant (PW-1). In her written application, she has stated that on 25.06.2020 at about 05:00 PM, her daughter had gone to attend nature's call in the maize field, in the meantime, her covillager Vikash @ Vikki Kumar Goswami (appellant) committed rape upon her and caused injuries on various part of her body by biting, the appellant with an intention to kill her daughter, pressed her neck by his leg many times as a result of which she became unconscious and the appellant fled away assuming her dead. When her daughter regained her consciousness, she somehow reached home covered in blood whereafter the informant panicked and due to social stigma, she brought her daughter for treatment outside the village and after treatment, she disclosed about the occurrence to the police. The informant further alleged that she belongs to Harijan Community and her family is very poor.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMxMCMyMDIzIzEjTg==-Nxig9NYPcCk=

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