IMPORTANT POINT
The prosecution must prove charges beyond reasonable doubt, and evidence must be corroborated with medical evidence and other reliable sources.

JUDGMENT :

Chakradhari Sharan Singh, J.

The victim's name and her parentage is not being disclosed in the present judgment and order.

2. By the impugned judgment and order dated 01.02.2021/ 08.02.2021 passed by the learned Additional District and Sessions Judge-VI-cum-Special Exclusive Judge(POCSO), Aurangabad in connection with Mahila P.S. Case No. 07/2017, GR No. 08/2017, CIS No. 08/2017, the appellant has been convicted and sentenced as under :

All the sentences have been directed to run concurrently.

3. The victim is the informant (PW-3), based on whose fardbayan recorded by the Sub-Inspector of Police-cum-SHO, Mahila Police Station Shakuntala Kumari (PW-7), Aurangabad Mahila Police Station Case No. 7 of 2017 was registered on 18.03.2017 disclosing commission of offences punishable under Sections 341, 342, 376, 307, 323, 120-B of the Indian Penal Code, Section 4 of the Protection of Children from Sexual Offences Act ('POCSO Act' in short) and Sections 3(1)(r)(s)/3(1) (w)(ii)/3(2)(v) of the SC/ST (Prevention of Atrocities) Act ('SC/ST Act' in short). The fardbayan was recorded on 18.03.2017 at 10:50 AM at Mahila Police Station, Aurangabad with an allegation that on the previous night a Faguni/Chaita was organized on a piece of land (khalihan) belonging to one Sakaldev Yadav. At 1:30 AM when the victim woke up, she proceeded towards the said place for watching the dance. On her way, the accused persons, namely, Mantu Yadav, Ramjeet Yadav (the appellant) and Chandan Yadav caught hold of her and took her towards the western side in an orchard. Accused Mantu Yadav committed rape upon here in course of which this appellant had held her legs and co-accused Chandan Yadav had gagged her by pressing her mouth. The accused Mantu Yadav is said to have stood up over is neck with his slippers on, because of which she became unconscious. When she regained consciousness, she found herself lying in a dried well near the place of occurrence. She alleged that the accused persons had thrown her in the said dried well after pressing her neck with an intention to kill her.

4. It is apparent that the co-accused persons, Mantu Yadav and Chandan Yadav after having been declared Juvenile had been referred to the Juvenile Justice Board to proceed in accordance with law.

5. The victim's statement was recorded by the learned Magistrate under Section 164 of the CrPC on the very next day i.e. 18.03.2017. In her statement, she reiterated that when she was going in the night at about 1:00-2:00 AM to watch a dance performance, the accused persons caught hold of her and took her towards jungle. Co-accused Mantu, after having put off her pants committed "wrong" with her. Thereafter, all the three persons threw her in a well. They had beaten her up also. She had become unconscious and when she regained consciousness, she found herself in the dried well. Further, the victim was subjected to medical examination by a board of Doctors on 18.03.2017 for determination of her age and examination of injuries. The medical board opined the victims age to be approximately between 14-16 years. The medical board also opined that the victim had undergone sexual act.

6. The police upon completion of investigation submitted charge-sheet whereupon cognizance was taken of the offences punishable under Section 341, 342, 323, 376-D, 307, 504/34 of the IPC, Section 4 of the POCSO Act and Section 3(1) (r)(s) of the SC/ST Act. Subsequently, charges were framed against all the accused persons for commission of the aforesaid offences. The accused person