Shankar Mukhiya vs The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.677 of 2018
Arising Out of PS. Case No.-160 Year-2014 Thana- ROSERA District- Samastipur
======================================================
Shankar Mukhiya S/o Thithar Mukhiya, R/o Village- Bhirha, P.S.- Rosera,
District- Samastipur.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Anuj Kumar, Advocate
Ms. Eashita Raj, Advocate
For the Respondent/s : Mr. Abhay Kumar, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL JUDGMENT
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
st
by learned 1 Addl. Sessions Judge-cum-Special Judge
(P.O.C.S.O. Act), Samastipur.

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2. Under the changed circumstances, this appeal now
survives only against the judgment of conviction dated 28.11.2017
st
passed by the learned Additional District & Sessions Judge 1
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.
3. 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

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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.
4. 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.
5. In this case, the prosecution has examined altogether
seven witnesses in order to prove its case, who are:
“P.W.1- Gopali Mukhiya, owner of the toddy shop, was
declared hostile.
P.W.2 - Bahoran Yadav - declared hostile.
P.W.3 - Dipak Mukhiya - Maternal uncle of the victim
and a witness to the search/recovery and disclosure. He
corroborated the prosecution case in his deposition.
P.W.4 - Chunchun Devi, who is informant and mother of
the victim, has fully supported the prosecution case.

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P.W.5-the victim/prosecutrix has supported the case in
her examination-in-chief and also identified the accused in Court
during trial and disclosed her age, as 11 years.
P.W.6-Dr. Pawan Kumar and P.W.7 – Dr. Vijay Kumar
Verma, members of the Medical Board, which examined the
victim and assessed age of victim between 8 to 9 years and opined
that private part of victim was suggestive of rape upon her. P.W.6
& P.W.7 have duly proved whole medical examination report.”
6. The prosecution has adduced documentary evidences,
which are marked as:-
Exhibit 1 Signature of informant on her fardbeyan
Exhibit 2 & 2/a Signatures of P.W.6 & 7 on medical examination
report
7. After hearing the parties and perusing the materials
available on record, the learned Trial Court has convicted and
sentenced this appellant, as indicated above.
8. 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

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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.
9. Accordingly, the impugned judgment of conviction
dated 28.11.2017 passed by the learned Additional District &
st
Sessions Judge 1 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 .
10. Accordingly, the appeal stands disposed of.
(Prabhat Kumar Singh, J.)
Anay
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 01.09.2026
Transmission Date 01.09.2026