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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH, GUNNU ANUPAMA CHAKRAVARTHY, JJ.
Indrajeet Paswan @ Indrajeet Rai @ Indrajeet Kumar S/o. Mithlesh Ray @ Mithlesh Paswan - Appellant
Versus
The State Of Bihar - Respondent
Criminal Appeal (DB) No.212 of 2022
Decided On : 10-11-2023
CRIMINAL LAW - RAPE AND KIDNAPPING - IPC SECTIONS 363, 365, 376, 506; POCSO ACT SECTION 4 - The court discussed the provisions of Sections 363, 365, 376, and 506 of the IPC, which pertain to kidnapping and rape, alongside Section 4 of the POCSO Act, which addresses sexual assault against minors. The court emphasized the necessity of proving the victim's age and the absence of credible evidence supporting the allegations of rape. The interpretations of these sections influenced the court's decision to overturn the conviction, highlighting the importance of corroborative evidence and the reliability of witness testimonies.
Fact of the Case:
The appellant, a tuition teacher, was accused of kidnapping and raping a minor girl. The case was initiated based on a complaint from the victim's father after the victim was reported missing. The prosecution claimed that the appellant had sexually assaulted the victim and threatened her. The trial court convicted the appellant based on witness testimonies and medical reports.
Finding of the Court:
The court found inconsistencies in the victim's statements and noted that the medical evidence did not support the claim of rape. The court highlighted that the victim had a consensual relationship with the appellant and that the prosecution failed to prove the victim's age, which is crucial under the POCSO Act.
Issues: 1. Whether the prosecution proved the appellant's guilt beyond a reasonable doubt for the alleged offences. 2. Whether the appellant could reverse the burden of proof under Section 29 of the POCSO Act. 3. Whether the trial court correctly convicted the appellant.
Ratio Decidendi: The court determined that the evidence presented did not establish the commission of rape or kidnapping. The victim's contradictory statements and the lack of medical evidence supporting the allegations led to the conclusion that the appellant was entitled to the benefit of the doubt.
Final Decision: The court set aside the conviction and sentence of the appellant, allowing the appeal and ordering his immediate release.
JUDGMENT :
(Gunnu Anupama Chakravarthy, J.) :
This criminal appeal has been preferred against Judgment of conviction dated 14.02.2022 and order of sentence dated 16.02.2022 passed by the learned Additional Sessions Judge VI – cum – Special Judge POCSO, Jehanabad, in POCSO Case No. 24 of 2020 (arising out of Barabar Paryatan P.S. Case No. 41 of 2020. By the judgment and order aforesaid, the appellant has been convicted and sentenced as under:
|
| Convicted under Sections | Sentence | |
| Indrajeet Paswan @ Indrajeet Rai @ Indrajeet Kumar | Imprisonment | Fine (Rs.) | In default of fine |
| 376 of the IPC | R.I. for Life 10,000/- | R.I. for one year | |
| 4 of the POCSO Act | R.I. for Life 10,000/- | R.I. for one year | |
| 363 of the IPC | R.I. for Life 10,000/- | R.I. for one year | |
| 365 of the IPC | R.I. for Life 10,000/- | R.I. for one year | |
| 506 of the IPC | R.I. for Life 5,000/- | R.I. for one year | |
All the sentences have been directed to run concurrently.
2. As the matter relates to Section 376 of the Indian Penal Code and section 4 of the POCSO Act, we are of the considered view that the names of the victim or the parents of the victim shall not be disclosed in the judgment in order to safeguard the identity of the victim girl as per the directions of the Hon’ble Supreme Court.
3. We have heard Mr. Sharda Nand Mishra, learned counsel for the appellant and Mr. Manish Kumar No. 2, learned APP for the State.
4. The criminal case was set into motion basing on the written information dated 10.06.2020 given by the father of the victim, who is the informant (P.W.-9), to the Director General of Police, Patna, for which an F.I.R. was registered as Barabar Paryatan P.S. Case No. 41 of 2020.
5. The brief contents culled out of the written application are that the minor daughter of the informant has been eloped from the window of the semi-furnished house by the appellant, who happens to be the tuition teacher for his children. On 7.5.2020, the appellant was hiding himself near the bathroom. The victim went out for natural call at around 12.00 in the midnight. The appellant covered her mouth with a cloth, took her to the corridor, continued to rape her and also threatened her to kill. The wife of the informant woke up at 3.00 A.M. for attending a natural call and started shouting on seeing the victim in half naked condition. On hearing the noise, the informant got up and the people nearby also woke up, came to the place of occurrence saw the appellant. Further, the informant hit the appellant 2-4 blows and in the meantime the appellant escaped jumping over the semi constructed wall, but the shirt, slipper and mobile of the appellant were left in the corridor. Later the appellant called the informant and threatened him that he would kill the family members in the event of informing the said incident to the police and that due to fear he did not inform about the incident to any one. Further, the contents of the written application disclose that on 08.06.2020, the appellant eloped the victim girl and she was traceless. The appellant as a teacher used to teach the victim in the 9th and 10th standard and that the appellant has been sexually exploiting her and threatened to kill her in the event of revealing the facts to others. Therefore, they prayed to take an action against the appellant.
6. Basing on the report/written application, the SHO, Barabar Paryatan Police Station registered the case, against the appellant vide FIR bearing Case No. 41 of 2020 dated 10.06.2020 for the alleged offences punishable under sections 363, 365, 376 and 506 of the IPC and under Section 4 of the POCSO Act.
7. During the course of investigation, the Investigating Officer has recorded the statement of witnesses under Section 161 of the Cr.P.C., and also got examined the victim under Section 164 of the Cr.P.C.. Further the victim was refused to
The judgment underscores the necessity of corroborative evidence in sexual assault cases, the importance of establishing the victim's age under the POCSO Act, and the need for reliable witness testim....
The court held that the uncorroborated testimony of a minor victim in a sexual assault case can sustain a conviction, provided it is credible.
The prosecution failed to prove the victim's age and the occurrence of the alleged incident beyond reasonable doubt, leading to the appellant's acquittal.
The burden of proof under Sec. 29 of the POCSO Act, consistency of evidence, and the applicability of relevant sections of the POCSO Act and IPC in cases of sexual offenses against minors.
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
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