[ad_1]
Patna High Court – Orders
Amisha Kumari vs The State Of Bihar on 18 June, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.258 of 2024
Arising Out of PS. Case No.-302 Year-2021 Thana- KHARIK District- Bhagalpur
======================================================
AMISHA KUMARI D/O AJAY SINGH R/O Village- Goh kharik, Police
station- Kharik, District- Bhagalpur
... ... Appellant/s
Versus
1. THE STATE OF BIHAR BIHAR
2. CHOTU SHARMA S/O BINOD SHARMA R/O Village- Goh kharik, Police
station- Kharik, District- Bhagalpur
3. PRABHAT KUMAR @ RAJA MANDAL S/O KANHAIYA MANDAL R/O
Village- Goh kharik, Police station- Kharik, District- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Narendra Kumar Singh, Adv.
For the Respondent/s : Mr. Pushakar Shahi, Adv.
Mr. Praveen Kumar, Adv., AOR 05039
Mr. Ravi Prakash Dwivedi, Adv. AOR 06722
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 18-06-2025
Heard the learned counsel for the appellant as well
as the learned APP for the State.
2. This appeal has been preferred against the
Judgment and order dated 07.10.2023 passed in POCSO Case
No. 132/2021 arising out of Kharik P.S. Case No. 302/2021 by
learned Exclusive Special Court (POCSO Act), Cum- 7th Addl.
District and Sessions Judge, Bhagalpur whereby and
whereunder private respondents, put on trial for offences u/s
341, 323, 354A(i)(2) and (4), 354(B)(c)(D), 504, 506/34 of the
IPC and section 66 of the IT Act and Section 8 alternatively
Patna High Court CR. APP (SJ) No.258 of 2024(4) dt.18-06-2025
2/3
Section 18 of POCSO Act. However Learned Trial Court hold
the private respondent guilty u/s 354(A), 354(B) of IPC and
Section 8 of POCSO Act and acquitted them from the charges of
rape and charges u/s 66E of IT Act and further sentenced them
to undergo RI for 3 years and a fine of Rs. 10,000/- u/s 354(B)
of the IPC with a fine of Rs. 10,000/- and in case of default of
payment of fine, they further undergo R.I. for 3 months.
Respondents were also awarded sentence of 1 years for offences
u/s 354(A) of IPC with a fine of Rs. 1000/- and in case of
default of payment of fine, they further undergo R.I for 15 days
and sentence has not been awarded u/s 8 of the POCSO Act by
citing 52 of the POCSO Act and all sentences are directed to run
concurrently.
3. Respondents No. 2 and 3 were found guilty under
Sections 354B and 354A of the IPC and Section 8 of the
POCSO Act, and accordingly, they were awarded sentence as
noted-above.
4. The informant filed this appeal with assertion that
the appellant should also be punished under Section 376 of the
IPC, in addition to the sections noted above.
5. Learned counsel for the respondents has submitted
that neither there is allegation of rape in the FIR nor the victim
Patna High Court CR. APP (SJ) No.258 of 2024(4) dt.18-06-2025
3/3
in her statement under Section 164 of the CrPC, has made any
allegation of rape. Even charges have not been framed under
Section 376 of the IPC. No prayer was made by the appellant
for amending the charges at the trial stage.
6. Considering the above-mentioned facts and
circumstances, I do not find merit in this case. Accordingly, it is
dismissed.
(Nawneet Kumar Pandey, J)
kundan/-
U T
[ad_2]
Source link