A Single Judge Bench of Justice Rajesh Kumar was hearing an appeal against the judgment of conviction dated 15.06.2023 and order of sentence dated 22.06.2023 passed by the Special Judge, POCSO, Chatra, whereby the appellant was convicted under Sections 341, 342, 323, 324 and 307 IPC, Section 8 of the POCSO Act and Sections 3/4 of the Witch Craft Prevention Act.

The prosecution case arose from an incident involving the informant's 14-year-old daughter, who had fallen ill from the day of Holi. The appellant, Md. Wahid, came to the informant's house and assured the family that he could cure the girl within two days. On 26.03.2022, the informant went with his wife and daughter to the appellant's house. The prosecution alleged that the appellant asked the informant and his wife to remain outside the room on the pretext that it was a place of “Jinnad” and took the minor girl inside for “Jhaar-Phoonk.”

The prosecution alleged that the appellant switched off the lights and began torturing the girl in the name of “Jhaad Phoonk”. When the informant asked him to perform the ritual in his presence, the appellant allegedly warned that the “Shaitan” inside the girl would harm them.

According to the prosecution, the appellant continued to beat and torture the girl for three consecutive days. On one occasion, he allegedly burned her feet, arms and body with a candle and incense stick. When the girl was brought outside, the informant allegedly found her condition alarming and objected, following which the appellant threatened the family with a knife.

The girl was subsequently taken to Sadar Hospital and was referred to Ranchi for further treatment. The prosecution also alleged that the appellant had committed sexual assault upon the minor, leading to his conviction under Section 8 of the POCSO Act.

Before the High Court, the appellant confined his challenge to the conviction under Section 307 IPC. It was argued that there was neither any intention to cause death nor any injury which, in the ordinary course, was sufficient to cause death. It was also pointed out that the ingredients of Section 307 had not even been put to the appellant while recording his statement under Section 313 Cr.P.C.

The State supported the conviction but was unable to point out any specific injury or intention which would attract Section 307 IPC.

The High Court upheld the convictions under Sections 341, 342, 323 and 324 IPC, Section 8 of the POCSO Act and Sections 3/4 of the Witch Craft Prevention Act. However, it found that the conviction under Section 307 IPC could not be sustained. The Court held:

“So far as conviction of the appellant under Section 307 IPC is concerned, the law is settled that there must be ingredient of culpable homicide amounting to murder, but that has failed. In the present case, neither the prosecution story nor the injury caused or in any way the ingredients of 307 IPC has been even presented by the prosecution. In the absence of necessary ingredients for conviction under Section 307, the conviction of the appellant under Section 307 is bad in law.”

Accordingly, the High Court set aside the conviction under Section 307 IPC while maintaining the conviction under the other offences.

Since the maximum sentence remaining against the appellant was four years and he had already remained in custody for more than four years, the Court directed that he be released from custody forthwith, if not required in any other case.

Appearance:

For the Appellant: Mr. Md. Zaid Ahmad, Advocate

For the State: Mr. Md. Fahad Allam, A.P.P