The prosecution failed to prove the case beyond reasonable doubt, leading to the appellant's acquittal due to significant doubts regarding witness credibility and procedural violations.

JUDGMENT :

(Ashutosh Kumar, J.)

1. Heard Mr. Ajay Kumar Thakur, the learned Advocate for the appellant and Mr. Abhimanyu Sharma, the learned APP for the State.

2. The appellant has been convicted for the offences under Sections 376(3) of the IPC and Sections 4 & 6 of the POCSO Act, 2012 by judgment dated 27.03.2023 passed by the learned Additional District & Sessions Judge-VII-cum-Special Judge, POCSO, Bettiah (West Champaran) in POCSO Case No. 28 of 2019 arising out of Sathi P.S. Case No. 23 of 2019. By order dated 03.04.2023, he has been sentenced to undergo R.I. for 20 years for the offence under Section 376(3) of the IPC; R.I. for 10 years for the offence under Section 4 of the POCSO Act, 2012 and R.I. for 10 years for the offence under Section 6 of the POCSO Act, 2012. Apart from that a fine of Rs. 20,000/-has been imposed, which has been directed to be paid to the victim. The sentences, however, have been directed to run concurrently.

3. The victim of the case, a 14 years old girl was allegedly raped and impregnated by the appellant for which a case was lodged when the victim was carrying a pregnancy of 26 weeks.

4. The father of the victim, namely, Lal Babu Sah (PW3) lodged the written report on 02.03.2019 alleging that when he and his son, namely, Rajesh Sah (PW2) came back home from their business trips on 25.02.2019, he learnt that his daughter (the victim) had become pregnant. When he enquired further, the victim disclosed that the appellant, his neighbour who is also distantly related, had committed rape on her. When PW3 went to the house of the appellant to enquire about it, the appellant is said to have run away. All efforts at catching hold of the appellant failed. Thereafter the F.I.R. was lodged.

5. Based on the aforenoted written report, a case vide Sathi P.S. Case No. 23 of 2019 dated 02.03.2019 was registered for investigation for the offences under Sections 376 and 506 of the Indian Penal Code and Sections 04 and 06 of the POCSO Act, 2012.

6. The appellant was chargesheeted and tried.

7. At the Trial, PW3 though supported the accusation but revealed certain facts which make the accusation against the appellant doubtful. He had admitted that the appellant was his agnate and that he was in the same business of selling spices and dry-fruits as a vendor like him and his son. He was informed about the occurrence by his wife and then he came back home. He lodged the case only after a week of his learning about his daughter having become pregnant because of the rape perpetrated upon her by the appellant. The written report was drafted by someone else about whom PW3 had no idea. However, he was absolutely sanguine that the scribe would not come before the court to depose. Even his further statement was not taken by the Investigator.

8. Though no further questions were asked from him but his laconic version smacks of a deliberate attempt to name the appellant as an accused of this case. We say so for the reason that by the time he had discovered that his daughter had become pregnant, it was already a very late stage of pregnancy. That having gone unnoticed by the family members appears to be rather surprising. The wife of PW3 i.e. the mother of the victim stayed back at the village along with her daughter. It was only after the wife of PW3 informed him about the occurrence, he came back home. However, in his written report, the narration is somewhat different. On casual visit to his home, PW3 could discover that his daughter has become pregnant and that was the first time that such fact was revealed by the victim herself that she was raped by the appellant a number of times.

9. In order to test the credibility of PW3, we have gone through the deposition of his son (PW2) who though was more expressive before the Trial Court but his evidence also casts some doubt over the correctness of the prosecution version. According to him, after coming to know about the pregnancy of the victim, a panchayati was convened after ab