The court affirmed that acquittal is upheld when prosecution fails to establish charges beyond reasonable doubt, especially concerning the victim's age and identity of the biological father.

JUDGMENT :

RAMESH CHAND MALVIYA, J.

1. Heard Mr. Braj Bhusan Poddar learned, counsel for the appellant, Mr. Ajay Kumar Sinha, learned counsel for the informant and Mr. Binod Bihari Singh, learned APP for the State.

2. This appeal is arising out of the judgment of conviction and order of sentence dated 20.01.2024 (hereinafter referred to as the ‘impugned judgment’) passed by learned Exclusive Special Judge (POCSO Act)-cum-Additional Sessions Judge-VI, Begusarai (hereinafter referred to as the ‘learned trial Court’) in POCSO Case No. 58 of 2021 arising out of Bhagwanpur (Teyai) P.S Case No. 183 of 2021. By the impugned judgment the learned trial Court has acquitted the respondent no. 2 from the charges levelled under Section 376 of the INDIAN PENAL CODE (hereinafter referred as ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (hereinafter referred as ‘POCSO Act’).

Prosecution Case

3. As per the prosecution case, accused/respondent who is a co-villager of the informant/victim/ appellant enticed her and established sexual relation with her against her will. The victim became pregnant. Thereafter, the victim persuaded the accused/respondent to solemnize Nikah but the accused/respondent was not ready to solemnize Nikah. In due course, the victim became pregnant of six months fifteen days and further stated that on 09.08.2021 the victim was sleeping in her house when the accused came and was taking the victim away from her house for the purpose of committing sexual intercourse with her. The victim gave a loud cry and hearing the commotion, near by people came and rescued her. The parents of the accused/respondent were also supporting the accused/respondent. A Panchayat was organized and Panches asked the accused/respondent to solemnize the Nikah, but the accused did not pay any heed to the request of the Panches.

4. On the basis of the prosecution report the police registered Bhagwanpur (Teyai) PS Case No. 183 of 2021 on 09.09.2021 under Section 376 of the IPC and under Section 6 of the POCSO Act. After completion of investigation, police submitted a charge-sheet bearing charge-sheet no. 16 of 2022 on 18.01.2022 under Section 376 of the IPC and Section 6 of the POCSO Act against the accused/respondent no. 2, namely, Salauddin @ Chhotu. Cognizance was taken on 02.02.2022. Charges were explained to the accused which he denied and claimed to be tried.

Analysis of Prosecution Witnesses:

5. On behalf of the prosecution, altogether ten witnesses were examined and several documents were exhibited during course of trial and the defence has also produced two witnesses and exhibited several documents to strengthen its case. The statement of the accused has been recorded under Section 313 of the Cr.P.C in which he has denied the allegation and put up a defence of innocence and further stated that: “his father got a house in Indrawas in 2004 and Devsharan sold his house. Two sons of Devsharan drive cars and the girl’s father also works for them. Both the sons of Devsharan together implicated him in this case.” The list of the prosecution witnesses as well as defence witnesses and documents exhibited on behalf of the prosecution and defence which are being shown here-under in a tabular form:-