The court acquitted the appellants due to insufficient evidence and inconsistencies in the victim's testimony, emphasizing the need for credible proof in sexual offense cases.

JUDGMENT :

Ashutosh Kumar, J.

Sanjeev Kumar Singh and Raju Singh have preferred Cr. App (SJ) No. 3159 of 2023, in which the prayer for suspension of sentence was rejected by a learned Single Judge of this Court.

2. The prosecutrix of this case has also preferred Cr. App (DB) No. 207 of 2024 against the same judgment under Section 372 of the Cr.P.C. with a grievance that conviction of the aforenoted two appellants has only been recorded in lesser offences.

3. Since the appeal under Section 372 of the Cr.P.C., referred to above, was listed before a Division Bench, the Cr. App (SJ) No. 3159 of 2023 of Sanjeev Kumar Singh and Raju Singh was also tagged along with the appeal under Section 372 of the Cr.P.C. by the prosecutrix.

4. We have heard both the appeals together.

5. Appellants/Sanjeev Kumar Singh and Raju Singh [Cr. App (SJ) No. 3159 of 2023] have been represented by Mr. S.K. Lal, assisted by Mr. Ravish Mishra, learned Advocates. Mr. Rajendra Narayan, learned Senior Advocate has appeared for the prosecutrix in Cr. App (DB) No. 207 of 2024.

6. The State is represented by Mr. Mukeshwar Dayal, learned APP.

7. We propose to deal with the appeal of appellants/Sanjeev Kumar Singh and Raju Singh first.

8. The appellants/Sanjeev Kumar Singh and Raju Singh have been convicted vide judgment dated 24.05.2023 for the offences under Sections 323, 341, 342, 354(A) and 354(B) of the IPC and Section 8 of the POCSO Act in connection with POCSO G.R. No. 19 of 2021, arising out of Biddupur P.S. Case No. 238 of 2021 by the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Vaishali at Hajipur. By order dated 08.06.2023, they have been sentenced to undergo R.I. for three years, to pay a fine of Rs. 5000/- and in default of payment of fine, to further suffer R.I. for three months under Section 354(A) of the IPC; R.I. for six years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer R.I. for six months under Section 354(B) of the IPC; and R.I. for three years, to pay a fine of Rs. 5000/- and in default of payment of fine, to further suffer R.I. for three months under Section 8 of the POCSO Act.

9. Both the appellants have been sentenced to pay a fine of Rs. 500/- and in default of payment of fine S.I. for one day for the offences each under Section 323 of the IPC and 341 of the IPC; to pay a fine of Rs. 1000/- and in default of payment of fine, to further suffer S.I. for five days for the offence under Section 342 of the IPC.

10. All the sentences have been directed to run concurrently.

11. The prosecutrix (P.W. 1) has given a horrendous tale of her being gang-raped on 05.05.2021 by around eight persons, out of whom only appellants/Sanjeev Kumar Singh and Raju Singh have been convicted.

12. It was alleged by her in her fardbeyan, though scribed by one Sarita Chaudhary, a police officer in the Mahila Police Station, Biddupur, that while she stayed back in her old house for locking the doors and her mother proceeded ahead, accused persons viz. Arun Kumar Singh, Harsh Kumar, Yash Kumar and appellant/Raju Singh abducted her forcibly. They also tried to outrage her modesty. When she objected, her clothes were pulled and torn. She was bitten on her cheeks and fingers. She became unconscious. In that state, accused Rajiv Kumar, appellant/Sanjeev Kumar Singh, Abhishek Kumar and Aman committed rape on her.

13. A cortegê procession was passing by. The mother of the prosecutrix (P.W. 2) had also arrived at the scene by that time. With the help of the persons participating in the funeral procession, the victim/prosecutrix could be saved. The victim claims to be in a state of total dishabille. Her personal belongings like her ornaments and her mobile telephone were also snatched away. Someone from the crowd took her to Biddupur Health Centre, where she was admitted. She became unconscious thereafter and therefore did not know what happened.

14. Though no date has been provided in the aforenoted fardbeyan of the victim, a case vide