Shankar Mukhiya vs The State Of Bihar

Date : 25-08-2026 At the outset, Mr. Abhay Kumar, learned State counsel, by way of filing counter affidavit, submits that in compliance to the order dated 28.07.2026 passed by this Court, the Jail Superintendent / Superintendent, Sahid Khudiram Bose Central Jail, Muzaffarpur has submitted its report, which is available at Annexure R-1. From the report, it appears that appellant has already completed his sentence and was released from jail on 28.09.2024 after making payment of fine of Rs. 50,000/- (Rupees Fifty Thousand), as per order of sentence dated 29.11.2017 passed by learned 1^st Addl. Sessions Judge-cum-Special Judge (P.O.C.S.O. Act), Samastipur.

Under the changed circumstances, this appeal now survives only against the judgment of conviction dated 28.11.2017 passed by the learned Additional District & Sessions Judge 1^st cum Special Judge (POCSO Act), Samstipur in Sessions Trial No. 324 of 2015/11 of 2016, arising out of Rosera P.S. Case No. 160 of 2014, whereby and whereunder the appellant has been convicted for offence under Section 376(1) of the Indian Penal Code and Section 6 of the POCSO Act, 2012.

The prosecution case, as per fardbeyan of Chunchun Devi (mother of victim), is that on 05.06.2014, her minor daughter had gone to the toddy shop of Gopali Mukhiya along with her friend Nisha Kumari, daughter of Gopali Mukhiya, but did not return. In course of search, the parents/family members approached Gopali Mukhiya, who informed them that Shanker Mukhiya (appellant herein) had taken the victim on his bicycle by saying that he would leave her at her residence. The appellant was thereafter questioned regarding the whereabout of the victim, on which, the appellant told them that he had already dropped the victim near her house. Ultimately, the victim was found near a field/Kharaahi adjoining the forested area in an injured condition. On being questioned, the victim allegedly disclosed that the appellant, instead of taking her home, had taken her to a lonely place and committed sexual assault upon her. The matter was thereafter communicated to the local Mukhiya and villagers apprehended the appellant and handed over to the police. Thereafter, fardbeyan of the informant (mother of victim) was recorded. On the basis thereof, Rosera P.S. Case No.160 of 2014 was registered under Section 376 of the Indian Penal Code and tSection 4 of the POCSO Act.

After investigation, charge-sheet was submitted and thereafter, learned A.C.J.M., Rosera took cognizance and committed the case to the court of sessions and thereafter, charge was framed under Section 376(1) of the I.P.C. and Section 6 of the POCSO Act and explained to the accused-appellant, to which, he pleaded not guilty and claimed to be tried.

In this case, the prosecution has examined altogether seven witnesses in order to prove its case, who are:

The prosecution has adduced documentary evidences, which are marked as:-

After hearing the parties and perusing the materials available on record, the learned Trial Court has convicted and sentenced this appellant, as indicated above.

On careful perusal of the records, this Court finds that the prosecution has proved its case beyond all reasonable doubt. P.W.3 (maternal uncle of victim), P.W.4 (informant & mother of victim) and P.W.5 (victim) have fully supported the prosecution case, even doctors of the medical board, who was examined as P.W.6 & 7, have corroborated the prosecution case and opined that it was case of rape of a minor child, her age has been assessed to be 8 – 9 years. Therefore, the learned Trial Court has rightly convicted the appellant under Section 376(1) of the Indian Penal Code and Section 6 of the POCSO Act, 2012 and there is no perversity or illegality in the impugned judgment of conviction, passed by learned Trial Court, warranting any interference in appellate jurisdiction.

Accordingly, the impugned judgment of conviction dated 28.11.2017 passed by the learned Additional District & Sessions Judge 1^st cum Special Judge (POCSO Act), Samstipur in Sessions Trial No. 324 of 2015/11 of 2016, arising out of Rosera P.S. Case No. 160 of 2014, is upheld.

Accordingly, the appeal stands disposed of.