The acquittal of the accused was upheld due to insufficient evidence and inconsistencies in the victim's testimony, demonstrating the high burden of proof required in rape cases.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. As prayed, learned counsel for the appellant is permitted to make correction with regard to Police Station Case Number in the first paragraph as well as in the prayer portion of the memo of appeal. Thereafter, the Office is directed to correct its record accordingly.

2. Heard Ms. Surya Nilambari, learned counsel for the appellant, Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State and Ms. Aaruni Singh, learned counsel for the Respondent No. 2.

3. This appeal has been preferred for setting aside the judgment of acquittal dated 27.04.2024 (hereinafter referred to as the ‘impugned judgment’) whereby and whereunder the learned Additional District and Sessions Judge, Sherghati, Gaya (hereinafter referred to as the ‘learned trial court’) has been pleased to acquit Respondent No. 2 of the charges under Sections 376 , 506 of the INDIAN PENAL CODE (in short ‘IPC’) and Sections 67 and 67A of the Information Technology Act, 2000 in Sessions Trial No. 539 of 2023/1297 of 2023 arising out of Barachatti P.S. Case No. 80 of 2022.

Prosecution Case

4. The prosecution case is based on the Complaint Case No. 61 of 2022 (Exhibit ‘3’) submitted by the victim filed before the court of learned Additional Chief Judicial Magistrate, Sherghati, Gaya which on being referred to the concerned Police Station under Section 156(3) CrPC resulted into registration of formal FIR being Barachatti P.S. Case No. 80 of 2022 dated 03.02.2022. The formal FIR has been marked Exhibit ‘2’. In her complaint petition, the victim alleged that her co-villager, namely, Ashraf Quraishi (Respondent No. 2) had bad intentions over her About one year ago, at about 07:00 PM when she was returning alone from the river situated at a distance from her house after attending nature’s call, the Respondent No. 2 caught her and raped her. One unknown person who came along with respondent no. 2 had videographed the same with his mobile. When the appellant- victim started crying, he assured that he will marry her. Thereafter, he used to threaten her to make her video viral and sometimes on the pretext of marriage, he continuously raped her. On 26.09.2021, he took her to a room at G.S. Marriage Hall in Shobh Bazar and raped her, thereafter, he was caught by the people. On 27.06.2021, with intention to defame her, a news was also published in the newspaper, namely, Gaya Bhaskar. The family of the Respondent No. 2 are threatening the complainant/victim of dire consequences. The complainant alleges that the accused has raped her several times and also threatened her to make her video viral. The local police station was also informed about this incident but no action was taken, then she submitted an application through post to the Senior Superintendent of Police, Gaya but all went in vain, then she filed the present complaint case.

5. After investigation, Police submitted a chargesheet against Respondent No. 2 vide Chargesheet No. 241 of 2022 dated 31.03.2022 under the aforementioned Sections. Cognizance was taken of the offences and the records were committed to the court of Sessions for trial whereafter charges were explained to the accused (Respondent No. 2) who denied the charges and claimed to be tried.

6. On behalf of the prosecution, oral as well as documentary evidences were adduced, the details of which are being provided hereunder in tabular form:-

List of Prosecution Witnesses