2026:JHHC:3139 Cr. Appeal (S.J.) No. 286 of 2022 (Against the judgment of conviction dated 15.02.2022 and order of sentence dated 18.02.2022 passed by learned Additional District & Sessions Judge-IV, Hazaribag in Special POCSO Case No. 36 of 2019) ----- Roshan Kumar Das @ Roshan Kumar, S/o Baleshwar Ram, R/o Village Dumar, PO-Rola, PS-Muffasil, District-Hazaribagh … …. Appellant Versus The State of Jharkhand … …. Respondent P R E S E N T CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Appellant : Mr. Dilip Kr. Karmakar, Advocate For the State : Ms. Kumari Rashmi, APP ----- By Court : Heard the parties 1. The appellant is in appeal against the judgment of conviction and order of sentence passed in Special POSCO No. 36 of 2019, whereby and whereunder, the appellant has been convicted and sentenced to undergo rigorous imprisonment of three years and fine of Rs.5,000/- for the offence under Section 8 of POCSO Act and also to undergo rigorous imprisonment for seven years and a fine of Rs.10,000/- for the offence under Section 366A of IPC. In default of payment of fine, sentence of simple imprisonment of three months and six months respectively has been awarded. 2. As per the prosecution case disclosed in the FIR lodged by the father of the victim, on 27.04.2019 at about 5:00 am, his daughter went missing. On the next day at 3:00 pm, the victim girl was recovered from a bus stand at Hazaribag. It is alleged that the victim was enticed away by the appellant to marry her. The appellant had taken the victim girl to Ranchi where on the point of knife, he committed rape with the victim girl. 3. Police on investigation found the case true and submitted charge sheet under Section 366A of IPC and Section 8 of POCSO Act. After cognizance, charges were framed and the appellant was put on trial under these sections. 4. Altogether nine witnesses, including the victim girl, were examined on 2026:JHHC:3139 2 behalf of the prosecution and the relevant documents, including the FIR and statement under Section 164 of Cr.P.C. were adduced into evidence, marked as exhibits. 5. After prosecution evidence, the statement of the appellant has been recorded under Section 313 of Cr.P.C. and the defence is of innocence. 6. It is submitted by learned counsel for the appellant that in order to make out the case under Section 366A of IPC, there should be procuration of minor girl under the age of 18 years knowing that she will be forced or seduced to have illicit intercourse with another person. In the present case, the victim girl either in her statement made under Section 164 of Cr.P.C. (Ext.2) or in her deposition as PW4 has not made any allegation of sexual assault. Further, there is no allegation that she was forced to have physical relationship with a third person. In absence of any such evidence, the charge under Section 366A of IPC is not sustainable. 7. It is further argued that to prove charge under Section 8 of POCSO Act, there should be some allegation of sexual assault. There is no evidence of sexual assault. 8. Learned counsel for the State has defended the impugned judgment of conviction and order of sentence and submitted that the victim girl in para 6 of her deposition has stated that an attempt was made on her by the appellant to do illegal act forcibly. 9. Having considered the submissions advanced on behalf of both sides and on perusal of the materials available on record, I find merit in the submission of learned counsel for the appellant that in absence of any evidence of procuration of a minor girl so that she could be seduced by a third person, the charge under Section 366A of IPC is not proved. Further, the doctor has been examined as P.W.9 and in Para-8, he did not find any evidence of rape, as stated by him in medico legal examination report (Ext.6). 10. However, there is consistent evidence that the appellant had enticed the minor girl who had gone along with him on 27.04.2019. In this view of the matter, the charge under Section 363 IPC is proved. Victim has not stated anything about the sexual assault in her statement under Section 164 of the Cr.P.C. In absence of any oral or medical evidence of sexual 2026:JHHC:3139 3 assault, charge under Section 8 of the POCSO Act fails. 11. Under the circumstance judgment of conviction and sentence under Section 366A of the IPC and Section 8 of the POCSO Act is set aside, and the appellant is convicted under Section 363 of the IPC. 12. On the point of sentence, considering overall facts and circumstances of the case and the age of the appellant, a sentence of imprisonment for the period already undergone under Section 363 IPC will meet the ends of justice. With this modification in finding and sentence, the instant criminal appeal stands dismissed. Pending I.A., if any, stands disposed of. Let L.C.R. along with a copy of this judgment be sent to the court concerned at once. (Gautam Kumar Choudhary, J.) Jharkhand High Court, Ranchi Dated, the 05.02.2026 NAFR/ AKT/Satayendra Uploaded 06.02.2026