Patna High Court has dismissed the criminal appeal of a convict in a serious case of sexual assault on a minor, refusing to grant any relief. A single bench of Justice Alok Kumar Pandey, after hearing the criminal appeal filed by Jitendra Kumar alias Kunkun, upheld the verdict of the lower court.

The Additional Sessions Judge-VI-cum-Special Judge (POCSO), Patna, had convicted the accused on January 20 in Digha Police Station Case No. 39/2022. Subsequently, on January 24, the court sentenced him to four years of rigorous imprisonment and imposed a fine of ₹5,000 under Section 363 of the Indian Penal Code (IPC). In case of non-payment of the fine, the court had ordered an additional two months of simple imprisonment.

Challenging the legality of the lower court’s order, the convict had filed a criminal appeal before the Patna High Court. During the hearing, the court carefully examined all facts, evidence, and records related to the case.

According to the written complaint submitted by the victim’s mother to the Station House Officer of Digha police station, on January 19, 2022, her 15-year-old minor daughter had left home around 9 a.m. for coaching classes but did not return on time. The family began searching for her, during which it was revealed that the accused had lured the girl away with him.

Based on the complaint, an FIR was registered at Digha police station under Sections 363 and 366(A) of the IPC. The police initiated an investigation, recorded statements of witnesses, and upon completion of the probe, filed a charge-sheet under Sections 363, 366(A), and 366 of the IPC. The lower court then took cognizance of the matter and committed the case to the sessions court for trial.

The trial court framed charges against the accused under the relevant sections of the IPC as well as Section 12 of the POCSO Act. Although the accused pleaded not guilty, the charges were proved during the trial through evidence and witness testimonies.

In its judgment, the court observed that the accused had lured the victim by offering chips and cold drinks and had mixed an intoxicating substance in the cold drink before forcing her into wrongful acts. The High Court held that the lower court’s verdict was fully supported by evidence and in accordance with the law. Considering the gravity of the offence, the High Court refused to grant any relief and dismissed the appeal.