The prosecution must prove charges beyond reasonable doubt; contradictions and lack of medical evidence led to the acquittal of the accused.

JUDGMENT :

(Jitendra Kumar, J.)

The present appeal has been preferred by the victim/informant and her father impugning the judgment dated 07.03.2019 passed by the learned Additional Sessions Judge-Ist-cum-Special Judge (POCSO Act), Sitamarhi in Trial No.25 of 2017, arising out of Sursand P.S. Case No. 129 of 2017, whereby respondent No. 2 viz., Sanjiv Kumar Singh has been acquitted of charges framed under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act.

2. The prosecution case as emerging from the written report of the victim/informant addressed to Officer-in-charge, Sursand Police Station, District-Sitamarhi is that the victim is aged about 14 years. On 12.05.2017 her father had gone to Sursand market and mother had gone to Anganwari Centre and she was alone at home. Her house is situated on the boundary of the village. In the meantime, at 12 O’clock her neighbour Sanjiv Kumar Singh, who is respondent no.2 herein, entered into her courtyard and forcibly took her in room. When she raised voice, her mouth was closed by him by putting his hand and he started committing rape upon her. Despite efforts, she could not raise voice because her mouth was shut up by the respondent no.2 by putting his hand on her mouth. In the meantime, incidentally her father came and after hearing her crying, he entered into the house. Then he started fleeing away. But the victim and her father raised hulla and on their hulla, many people assembled there. Respondent no.2 made unsuccessful effort to flee away. He was apprehended by the people and taken to police station.

3. On the basis of the written report, Sursand P.S. Case No. 129 of 2017 was registered against the sole accused, namely, Sanjiv Kumar Singh, for the offence punishable under Section 376 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act, 2012.

4. After investigation charge-sheet bearing No. 148 of 2017 dated 31.07.2017 was submitted against the sole accused. Thereafter, cognizance of the offence was taken and charges under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 12 of the POCSO Act were framed against the Respondent no.2, which he pleaded not guilty and claimed to be tried.

5. During trial, the following six witnesses were examined on behalf of the prosecution:

(i) P.W.-1- Mother of the victim

(ii) P.W.-2- Father of the victim

(iii) P.W.-3-Victim/informant

(iv) P.W.-4- Dr. Deepa Singh

(v) P.W.-5- First I.O. of the case

(vi) P.W.-6- Shyam Bihari Upadhyay, I.O.

6. The prosecution brought on record the following documentary evidences:

(i) Ext.-1 & 1/2- Signature of Ranjit Singh, victim and Ganesh Singh respectively on the seizure list

(ii) Ext.-2- Signature of the victim on the written report

(iii) Ext.-3-Original Registration number of the victim issued by Bihar School Examination Board, Patna

(iv) Ext.-4-Original date of birth certificate of the victim

(v) Ext.-5-Original Admit Card of the victim issued by Bihar School Examination Board, Patna

(vi) Ext.-6 to 6/1-Signatures of Dr. Deepa Singh and Dr. Sangita Jha on medical report

(vii) Ext.-7-Report of Medical Board

(viii) Ext.-8-Endorsement on written application

(ix) Ext.-9-Seizure list

(x) Ext.-10-Arrest Memo

(xi) Ext.-11-Charge-sheet

7. After closure of the prosecution evidence, the sole accused examined under Section 313 Cr.PC, during which he was confronted with incriminating circumstances which had come in the prosecution evidence, so as to afford him opportunity to explain those circumstances. During the examination, he admitted that he had heard the evidence of the prosecution witnesses against him, but he claimed to be innocent and stated that when he was on way to his home, Ranjeet Singh, Ganesh Singh and his wife Mamta Devi prohibited him from going on that pathway and started abusing and assaulting him and got him seated at their home and informed the police and police recorded the statement of the informant and took all of them to police station and the