Chandan Sah vs The State Of Bihar on 8 January, 2025

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Patna High Court

Chandan Sah vs The State Of Bihar on 8 January, 2025

Author: Rajeev Ranjan Prasad

Bench: Rajeev Ranjan Prasad

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (DB) No.425 of 2021
          Arising Out of PS. Case No.-75 Year-2018 Thana- MAHILA PS District- Buxar
     ======================================================
     Chandan Sah, S/O- Late Madan Sah, Resident of Village- Koransarai, P.S.-
     Koransarai, District- Buxar.
                                                             ... ... Appellant
                                   Versus
1.    The State of Bihar
2.    Baby Devi, Wife of Kashinath Sharma, R/O Vill.- Koransarai, P.S.-
      Koransarai, Dist.- Buxar.
                                                      ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant/s     :       Mr. Patanjali Rishi, Advocate
     For the Respondent/s    :       Ms. Shashi Bala Verma, Addl.PP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
             and
             HONOURABLE MR. JUSTICE S. B. PD. SINGH
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 08-01-2025


                 Heard Mr. Patanjali Rishi, learned counsel for the

     appellant and Ms. Shashi Bala Verma, learned Additional Public

     Prosecutor for the State.

                 2. The appellant in this case has challenged the

     judgment dated 05.03.2021 (hereinafter referred to as the

     'impugned judgment') and the order dated 09.03.2021 (hereinafter

     referred to as the 'impugned order') passed by the learned

     Additional District and Sessions Judge-VI-cum-Special Judge,

     POCSO Act, Buxar (hereinafter referred to as the 'learned trial

     court') in POCSO case No. 54 of 2018, arising out of Buxar

     (Mahila) P.S Case No. 75 of 2018 dated 18.09.2018 registered
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       under Sections 341, 323, 504, 506, 376/34 of the Indian Penal

       Code (in short 'IPC') and Section 6 of the Protection of Children

       from Sexual Offences Act (in short 'POCSO Act').

                    3. By the impugned judgment, the learned trial court has

       held the appellant guilty of the offence of rape as defined under

       Section 376 of the IPC. The learned trial court having convicted

       the appellant for the said offence imposed upon the appellant

       sentence of rigorous imprisonment for ten years and a fine of Rs.

       20,000/- (Rupees Twenty Thousand Only) for the offence

       committed under Section 376 IPC and in default of payment of

       fine, he will undergo further six months of simple imprisonment.

       The appellant has been further sentenced to undergo rigorous

       imprisonment for twelve years and to pay a fine of Rs. 30,000/-

       (Rupees Thirty Thousand Only) under Section 4 of the POCSO

       Act. In default of payment of fine imposed, he shall undergo six

       months of simple imprisonment.

                    4. Although, the appellant has been found guilty under

       Sections 341, 323, 504 and 506 of the IPC but according to the

       learned trial court, these offences have been committed in order to

       commit the main offence of rape and penetrative sexual assault on

       the victim. Therefore, no further punishment is required to be

       awarded to the appellant.
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                    Prosecution Case

                    5. The prosecution case is based on the fardbeyan of the

       victim (X) aged about 14 years recorded by the S.H.O. of Mahila

       Police Station Buxar (PW-6) on 18.09.2018 at 3:00 AM at Mahila

       Police Station, Buxar. In her fardbeyan, the victim has alleged as

       under :-

             While she was going alone to see Vishwakarma Pooja on

       17.09.2018

at around 7:00 PM, in the meantime, her co-villager

Chandan Sah (appellant) came there and forcibly made her to sit

on his motorcycle by grabbing her mouth and took her to a lonely

place around bushes where he removed her jeans and committed

rape on her. When the victim cried and raised protest, the appellant

threatened her that if she would tell this to anyone in her home he

will shoot her and her family members. Thereafter, he dropped her

near her house by his motorcycle and fled away. The victim

narrated the whole incident to her step-mother who informed about

the incident to her uncle and grandmother. When her mother and

uncle went to the house of the appellant and told about the incident

to mother and sister of the appellant, they threatened them to

falsely implicate the informant’s side in rape case. Thereafter, the

present case was lodged.

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6. Upon investigation of the case, the I.O. has found

sufficient materials to proceed against the accused persons,

accordingly, he submitted a chargesheet against the present

appellant, his mother and sister for the offences under Sections

341, 323, 504, 506, 376/34 of the IPC and Section 6 of the POCSO

Act. The learned Special Judge, POCSO Act, Buxar took

cognizance of the offences vide order dated 02.01.2019. The

charges were explained to the accused persons who denied the

charges and claimed to be tried. Thereafter, the learned trial court

framed charges under Sections 341, 323, 504, 506 and 376 of the

IPC as also under Section 6 of the POCSO Act on 27.08.2019

against the appellant. So far as the other accused were concerned,

against them charges were framed under Sections 341, 323, 504

and 506 of IPC. In ultimate analysis of the evidences on the record

while the appellant has been convicted, the other two accused have

been acquitted of the charges against them.

7. On behalf of the prosecution as many as seven

witnesses have been examined. The defence examined one

witness, namely, Kamlesh Kumar Tiwari. The complete

description of the prosecution witnesses whose oral testimonies

have been recorded by the learned trial court and the documentary
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evidences proved on behalf of the prosecution are provided

hereunder in tabular form for ready reference :-

List of Prosecution Witnesses

PW-1 Victim
PW-2 Bharat Sharma
PW-3 Baby Devi
PW-4 Dr. Madhu Singh
PW-5 Dr. Yogendra Kumar
PW-6 Kanchan Kumari
PW-7 Shivmitra Chaudhary

List of Exhibits on behalf of Prosecution

Exhibit-1 Signature of victim on Fardbeyan
Exhibit-1/A Signature of witness -Baby Devi on Fardbeyan
Exhibit- 1/B Signature of witness Bharat Sharma on Fardbeyan
Exhibit-2 Signature of Victim on Seizure list
Exhibit-3 Signature of Victim on 164 Cr.P.C.

                 Exhibit-4       Signature of Victim on Seizure list
                 Exhibit-2/A     Signature of witness Bharat Sharma on Seizure list
                 Exhibit-5       Signature of witness Baby Debi on Medical Report
                 Exhibit-6       Signature of Witness Baby Devi on Seizure list
                 Exhibit-7       Injury report
                 Exhibit- 8      X-ray Report
                 Exhibit- 9      FSL Report
                 Exhibit-10      Writing of P.S. Written on F.I.R
                 Exhibit-10/1 Writing of Fardbeyan
                 Exhibit-10/2 Signature of S.H.O.
                               Registration of F.I.R

Exhibit- 10/3 Signature of Kanchan Kumari on Fardbeyan
Exhibit- 10/4 Signature of the SHO on back side of F.I.R
Exhibit-11 Original FSL Report-1
Exhibit-11/1 Original FSL Report-2
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8. After recording of the prosecution evidences,

statements of the accused persons were recorded under Section

313 of the Code of Criminal Procedure (in short ‘CrPC‘) on

05.01.2021. The appellant denied the correctness of the

incriminating circumstances upon him and came out with a plea

that he has been falsely implicated in this case.

Findings of the Learned Trial Court

9. The learned trial court examined the oral testimonies

and the documentary evidences led on behalf of the prosecution

and further considered the defence of the accused – appellant. The

learned trial court came to a finding that the victim in this case was

aged between 14 and 16 years at the time of occurrence. In her

statement under Section 164 CrPC, she disclosed her age as 13

years. In her evidence, she has stated her age as 14 years but no

question has been put to her regarding her age by the defence

counsel in suggestion. PW-3, who is mother of the victim, has

stated her age as 14 years but even she has not been cross-

examined on this point and no suggestion has been given. The

learned trial court, therefore, concluded that the victim was

certainly aged between 14 and 16 years, therefore, as defined

under Section 2(d) of the POCSO Act, she would be a child within

the meaning of the said Act and the provision of the POCSO Act
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would be attracted. Learned trial court found that apart from the

oral testimony of the victim, the medical report of the victim

(Exhibit-7) which has been proved by Dr. Madhu Singh (PW-4)

would show that hymen of the victim was found ruptured, red and

inflamed, posterior part of labia minora was also red and inflamed

and the doctor has opined that she had sexual act in recent past

(within 12 to 48 hours). The learned trial court, therefore, held that

it proves the occurrence, an injury of rape on the body of victim.

The incident of rape was committed on 17.09.2018 while the

medical examination of the victim was done on the next date i.e.

on 18.09.2018, therefore, the medical report corroborates the

incident of rape with the victim.

10. In the learned trial court, the defence raised a plea of

delay of eight hours in filing of the FIR. It was argued that as per

the FIR (Exhibit-1) and the statement of the victim under Section

164 CrPC (Exhibit-3), the incident of rape had occurred on

17.09.2018 at about 07:00 PM whereas the FIR in the matter was

registered on the next day at 03:00 AM. The learned trial court

having examined the materials on the record found that the victim

in this case is aged about 13 years, the incident had taken place on

17.09.2018 at 07:00 PM and just thereafter the victim informed the

incident to her mother, thereafter, the matter was reported to police
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and the FIR was registered at 03:00 AM on the next day i.e. on

18.09.2018. In the opinion of the learned trial court, there is no

delay in reporting the case to the police in spite of number of

problems faced by the victim’s family in reporting such a heinous

offence of rape to the police.

11. Another plea taken on behalf of the defence was that

there are apparent contradictions in the evidence of the prosecution

witnesses. The learned trial court has dealt with this with reference

to various paragraphs of the testimonies of the victim. It has been

found that the pattern of cross-examination by the defence

indicates that the defence wanted to show that everything was

consensual but the learned trial court having found that the victim

who was a girl below 16 years of age and she was not in a position

to give her consent, the plea of the defence would not be

acceptable.

12. Referring to the presumption of culpability as

contained under Section 29 of the POCSO Act, the learned trial

court held that the defence could not discharge it’s burden. The

another plea taken on behalf of the defence was that the accused

has been falsely implicated in this case on account of previous

land dispute. On this point, the learned trial court found that no

document has been brought in support of such dispute. PW-2 was
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suggested in paragraph ’11’ and ’12’ of the cross-examination that

to usurp the land of accused, this wrong case has been filed. PW-3

was suggested differently in paragraph ’15’ that because the victim

is the step-daughter of PW-3, therefore, this wrong case has been

filed against the accused. In paragraph ‘9’ of her deposition, PW-3

has shown her ignorance that 9 katthas of land of the accused

which is in front of her house, they want to usurp and for that

reason, a wrong case has been filed.

13. In its ultimate analysis, the learned trial court, as

recorded above, found that all the three ingredients of a criminal

trial i.e. (i) genesis of the occurrence, (ii) place of occurrence and

(iii) manner of occurrence, have been duly proved. The appellant

has been accordingly convicted and sentenced.

Submissions on behalf of the Appellant

14. Mr. Patanjali Rishi, learned counsel for the appellant

has taken this Court through the evidences available on the record.

Once again, before us, submissions have been made with reference

to the various circumstances appearing from the evidence of the

prosecutrix that it seems to be a case of consensual act of the

victim. Learned counsel submits that the victim (PW-1) has stated

that when she was going to visit Vishwakarma Puja on 17.09.2018

at 07:00 PM, this appellant came on a black coloured motorcycle,
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stopped her on way, gagged her by mouth and made her to sit on

the motorcycle whereafter, he took her to the bushes at a lonely

place, opened her jeans and committed wrong act with her. It is

submitted that the victim had gone on the motorcycle of the

appellant and it could not have been possible for the appellant to

drive the vehicle as well as to control the victim in a manner so

that she could not have raised any hue and cry, still the victim did

not raise hulla. She has stated that when she was made to sit on the

motorcycle, she had placed her hand on the seat. When she was

going to visit the Vishwakarma Puja, the other villagers were also

going on the road but no one tried to save her. In these

circumstances, the statement of victim that she was grabbed by her

mouth and forcibly made to sit on the motorcycle would not be

believable. Learned counsel submits that on a complete reading of

the testimony of the prosecutrix (PW-1), it would appear that she is

not a credible witness much less a sterling witness, as such, it

would not be safe to convict the appellant on the basis of her

testimony.

15. Learned counsel further submits that though the

victim is said to be a minor, below 16 years of age, but the

prosecution has not brought, in fact, any evidence on the record to

prove her age, therefore, the learned Special Judge, POCSO Act,
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could not have usurped the jurisdiction to try this case as the basic

foundation to bring home the case under Section 29 of the POCSO

Act are not available in this case.

16. Referring to the medical evidence on the record

proved by Dr. Madhu Singh (PW-4), learned counsel submits that

in her cross-examination, PW-4 has stated that the kind of external

injuries found on the private part of the victim may happen due to

the effect of some insect bite. Learned counsel submits that the

appellant has been falsely implicated in this case on account of

land dispute and the defence case setup in course of cross-

examination of PW-2 and PW-3 is consistent.

17. It is lastly submitted that at the stage of Section 313

CrPC while recording the statement of the appellant, the entire

incriminating materials which were brought by the prosecution in

course of trial were not placed before him which has caused

serious prejudice to the appellant. Referring to question no. 2

recorded in the statement under Section 313 CrPC, learned counsel

would submit that in fact question no. 2 should have been divided

into two parts but a composite question was put to the appellant,

which is not the correct way to provide appropriate opportunity to

an accused to explain the circumstances. It is his submission that

in such circumstance where the accused has not been provided
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proper opportunity at the stage of Section 313 CrPC, it would be

just and proper to set aside the impugned judgment and order and

remit the matter to the learned trial court for a trial afresh.

Submission on behalf of the State

18. The appeal has been opposed by Ms. Shashi Bala

Verma, learned Additional Public Prosecutor for the State. Learned

Additional Public Prosecutor submits that in this case, the age of

the victim has never been questioned by the defence. The mother

of the victim (PW-3) has stated in her examination-in-chief that the

incident is of 17.09.2018 at 07:00 PM. Her daughter aged about 14

years had gone to visit the Vishwakarma Puja that day when the

occurrence took place. The victim recorded her statement under

Section 164 CrPC in which the learned Magistrate assessed her

age as 13 years and the victim claimed her age as 14 years. In

course of trial, the victim has been examined as PW-1. She has

stated her age about 14 years and she was studying in class VIII.

Defence examined PW-1 and her mother at length but did not

question the age of the victim. No suggestion was shown to the

witnesses that the victim was major on the date of occurrence. It is

submitted that Dr. Yogendra Kumar (PW-5) who was posted as

Medical Officer at Sadar hospital, Buxar and had examined the

victim girl on 18.09.2018 as a member of the Medical Board
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deposed that according to radiological finding, age of victim is in

between 15 and 16 years. The defence cross-examined PW-5 but

did not question the opinion of the doctor with regard to the age of

the victim based on radiological findings.

19. Learned Additional Public Prosecutor has further

submitted that in this case, the ocular evidence of the prosecutrix

and the prosecution witnesses such as her uncle (PW-2) and

mother (PW-3) are getting fully corroborated by the medical

evidence (Exhibit ‘7’) which is medical report proved by Dr.

Madhu Singh (PW-4) and the FSL report (Exhibit ’11’ and ’11/1′).

The Doctor has clearly opined that the victim was subjected to

recent sexual act within 12-48 hours and there were injuries

present on the external part of the private part of the victim.

20. As regards the submission that the accused was not

made aware of the incriminating materials brought against him by

the prosecution at the stage of Section 313 CrPC, learned

Additional Public Prosecutor submits that the appellant admitted

before the learned trial court that he had heard the entire

deposition of the witnesses. He was apprised of the evidence on

the record that on 17.09.2018 at 07:00 PM, he had committed rape

upon the victim girl at Koransarai and he had threatened her that

she would not tell it to anyone in her home. So far as the question
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no. 4 is concerned, the learned trial court made aware of the

circumstances brought against the accused by pointing out that he

had committed rape upon the victim knowing that she was a minor

and was aged about 13 years. It is submitted that the accused has,

though, stated that he has been falsely implicated but has not come

out with any plea that there was any land dispute between the

accused and the informant and/ or with an intention to usurp a

piece of land of the accused which is in front of the house of the

informant, he has been falsely implicated by the informant. It is,

thus, submitted that despite opportunity available to the accused to

explain the circumstances under which he could have been falsely

implicated, he has not come out with any statement in this regard.

Consideration

21. Having heard learned counsel for the appellant and

learned Additional Public Prosecutor for the State as also on going

through the entire evidences available on the record, we find that

in this case, the victim/informant has fully supported her case. She

has narrated the entire occurrence which took place on 17.09.2018

at 07:00 PM in which she was forcibly taken away by the appellant

on his motorcycle to a lonely place where this appellant committed

rape on her. PW-1 has stated that after she was left at some

distance from her house, she came her home and told the entire
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story to her mother. She has also stated that she had told the entire

story to the Officer Incharge of the police station who recorded the

same, she had read the said recording of her statement and on

finding the same correct, she had put her signature. At her

instance, this has been marked Exhibit ‘1’. She has also identified

the signature of her mother and uncle on the fardbeyan (Exhibit

‘1’), the signatures have been marked Exhibit ‘1/A’ and Exhibit

‘1/B’ respectively. PW-1 has also proved the seizure list (Exhibit

‘2’), her statement recorded by the Magistrate (Exhibit ‘3’) and the

medical report (Exhibit ‘7’) showing her treatment by the doctors.

From the pattern of cross-examination of PW-1, it is crystal clear

that the defence has not questioned her age and minority and no

suggestion at all has been given to this witness in course of her

cross-examination that she was major. A complete reading of the

evidence of PW-1 makes this Court to believe her testimonies

beyond any doubt. She is the victim of the case and the defence

having miserably failed to create any dent in her deposition, this

witness would be put in a category of wholly reliable witness

within the meaning of Section 134 of the Indian Evidence Act.

22. The uncle (PW-2) and the mother (PW-3) of the

victim have fully supported the prosecution case. PW-2 is the

uncle of the victim who was told the entire occurrence by the
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victim. The defence suggested him that there is land of the accused

in front of the door of the informant. This witness expressed his

unawareness about it. The defence again suggested him that no

such occurrence had taken place and only to usurp the said land,

the informant had got lodged this case through her step-daughter.

This witness denied the suggestion. The defence has not brought

on record any document of a land to substantiate its suggestion

that the accused is holding a piece of land in front of the house of

the informant. Even the description of the land had not been

mentioned by the defence in course of trial.

23. This Court further finds that when the mother of the

victim came to be examined, the defence did not mention about the

presence of any land of the accused in front of her house. The only

suggestion given to PW-3 may be found in paragraph ’15’ of her

deposition wherein the defence suggested that the victim is her

step-daughter who is being misused against the accused persons.

This Court, therefore, agrees with the findings of the learned trial

court that the defence is not even consistent with regard to the case

of a false implication.

24. So far as the medical evidence is concerned, the

deposition of Dr. Madhu Singh (PW-4) fully corroborates the

ocular evidence. PW-4 had examined the victim as a member of
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the Medical Board. She has proved the entire report written and

signed by her along with other members of the Board. The report

has been marked Exhibit ‘7’. The relevant part of the report

(Exhibit ‘7’) finds place in paragraph ‘1’ of the deposition of PW-4

which is being reproduced hereunder for a ready reference:-

“No external injury found on her head, neck, face,
chest, abdomen, back and limbs. Breast were developed.
Axillary & Pubic hair were present on private parts
examination hymen was found ruptured red and inflamed.
Posterior part of labia minor was also red and inflamed.
Vaginal swab taken. Vaginal swab examination report given
by Dr. Anil Kr. Singh. No spermatozoa found either alive or
dead on low and high power of microscopic examination. A
few epithelial cells are seen.”

25. PW-4 was cross-examined by the defence. In

paragraph ‘4’ of her cross-examination, she has reported that there

was external injury on the private part of the victim. She has stated

that she had not written the reason of swelling and redness and this

may happen due to any insect bite. It is this part of her cross-

examination that has been placed before this Court by learned

counsel for the appellant to submit that even the medical evidence

is not a clinching proof of the fact that the external injury present

in the private part of the victim was result of a recent sexual act.

This Court would not accept this submission of learned counsel for

the appellant for the simple reason that the entire evidence of PW-
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4 is to be read as a whole and no part of it may be read in isolation.

PW-4 has clearly noticed on examination of the private part of the

victim that hymen was ruptured, red and inflamed. At the same

time, posterior part of labia minor was also red and inflamed. She

has clearly opined that the victim had sign of sexual act in recent

past within 12-48 hours. The medical evidence (Exhibit ‘7’) fully

corroborates the evidence of PW-1 which has been found credible

by this Court.

26. This Court further finds that the undergarments of

the victim was seized vide seizure list (Exhibit ‘2’). It was sent to

the Forensic Science Laboratory for examination. Shivmitra

Chaudhary (PW-7) is the Hawaldar who brought the box

containing Exhibit ‘A’ and Exhibit ‘B’ (which were the samples).

Exhibit ‘A’ is the undergarment of the victim and a report of the

FSL which has been marked as Exhibit ’11’ shows that the blood

has been detected at places in the Exhibit marked ‘A’ and semen

has been detected in Exhibit marked ‘A’. Though semen of the

accused-appellant was also taken and marked Exhibit ‘B’ which

was sent to the FSL but the FSL report (Exhibit ’11’) states that

semen could not be detected in the Exhibit marked ‘B’. The

another report of the FSL (Exhibit ’11/1′) shows that Exhibit

marked ‘A’ containing blood and semen had species of human
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origin. These are the additional materials on the record apart from

the evidence of the prosecutrix which prove the prosecution case.

27. This Court has found that the learned trial court has

duly appreciated the entire evidences available on the record. On

re-appreciation of the entire evidences, this Court finds no reason

to interfere with the impugned judgment.

28. On the point of sentence, learned counsel for the

appellant has submitted before us that the learned trial court has

awarded a sentence of twelve years rigorous imprisonment and a

fine of Rs. 30,000/- for the offences under Section 4 of the POCSO

Act. The submission is that while considering as to how sentences

are to be awarded to an accused of crime, the learned trial court

was required to take into consideration certain relevant factors. In

the present case, the learned trial court has observed that to send a

strong deterrent message to the perpetrators of the crime, the crime

of such nature requires an exemplary punishment.

29. At this stage, we take note of some judicial

pronouncements on the subject. In the case of Santa Singh Vs.

State of Punjab reported in 1976 AIR 2386, the Hon’ble Division

Bench of the Supreme Court observed as under:-

“Modern penology as pointed out by this court
regards crime and criminal as equally material when
the right sentence has to be picked out. It turns the
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focus not only on the crime, but also on the criminal
and seeks to personalize the punishment so that the
reformist component is as much operative as the
deterrent element. It is necessary for this purpose that
facts of a social and personal nature, sometimes
altogether irrelevant, if not injurious, at the stage of
fixing the guilt, may have to be brought to the notice
of the Court when the actual sentence is determined.
The material may be placed before the Court by
means of affidavits, but if either party disputes the
correctness or veracity of the material sought to be
produced by the other, an opportunity would have to
be given to the party concerned to lead evidence for
the purpose of bringing such material on record. The
hearing on question of sentencing would be rendered
devoid of all meaning and content and it would
become an idle formality if it were merely confined to
oral submissions without any opportunity being given
to the parties and particularly to the accused, to
produce material in regard to the various factors
bearing on the question of sentence, and if necessary,
to lead evidence for the purpose of placing such
material before the Court… Of course, care would
have to be taken by the Court to see that this hearing
on question of sentence is not abused and turned into
an instrument for unduly protracting the
trial/proceeding. The claim of due and proper hearing
would have to be harmonized with the requirement of
expeditious disposal of the proceedings.”

30. In the case of Gurmukh Singh vs. State of

Haryana reported in (2009) 15 SCC 635, the Hon’ble Supreme
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Court has laid down various factors which are required to be

considered while awarding punishment to a convict. One of the

factors which is required to be considered is the conduct and

behaviour of the accused after the incident.

31. From the catena of judgments of the Hon’ble

Supreme Court on the point of sentence, it would transpire that the

possibility of reformation and rehabilitation of a convict is an

important factor which has to be taken into account as a mitigating

circumstance before sentencing him. It has been held that it would

be a bounden duty cast on the courts to elicit information of all the

relevant factors and consider those regarding the possibility of

reformation, even if the accused remains silent.

32. From the judgment of the learned trial court, we find

that at the time of judgment, the appellant was aged about twenty

six years. There is no evidence that he cannot be reformed. Section

4 of the POCSO Act provides for a minimum sentence of ten years

to a convict. In the present case, we are of the opinion that the

sentence of twelve years awarded by the learned trial court is fit to

be reduced to a period of ten years under Section 4 of the POCSO

Act. Thus, we modify the sentence awarded to the appellant under

Section 4 of the POCSO Act to a rigorous imprisonment for ten

years. The amount of fine and the sentences awarded for the other
Patna High Court CR. APP (DB) No.425 of 2021 dt.08-01-2025
22/22

charges shall remain intact. All the sentences shall run

concurrently.

33. In result, this appeal is partly allowed.

34. The trial court records together with a copy of the

judgment shall be sent to the learned trial court.

(Rajeev Ranjan Prasad, J)

(S. B. Pd. Singh, J)
nirajkrs/Sushma2-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31-01-2025
Transmission Date       31-01-2025
 

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