The prosecution must prove charges beyond a reasonable doubt, and contradictions in testimony and medical evidence warrant acquittal.

JUDGMENT :

VIPUL M. PANCHOLI, J.

The instant appeal is filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) wherein the sole appellant-convict has assailed the judgment of conviction dated 10.01.2019 and order of sentence dated 21.01.2019, rendered by learned 1^st Additional Sessions Judge, Bhojpur, Ara in POCSO Case No.16/2017, arising out of Jagdishpur P.S. Case No.241/2017, whereby appellant Bir Bahadur Kushwaha has been convicted for the offences punishable under Section 376 of the INDIAN PENAL CODE as well as Section 4 of the POCSO Act and sentenced to undergo imprisonment for life under Section 4 of the POCSO Act and to pay a fine of Rs.25,000/- and in default of payment of fine, appellant Bir Bahadur Kushwaha has to undergo SI for six months. The appellant is not sentenced separately for the offence of Section 376 of the INDIAN PENAL CODE .

2. Brief facts, leading to filing of the present appeals, are as under:-

Urmila Devi, wife of Birendra Yadav, Resident of Village Pilapur, P.S. Jagdishpur, District Bhojpur gave a written complaint to the S.H.O., Jagdishpur on 20.08.2017 alleging therein that on 15.08.2017 at about 02:30 P.M., her daughter, aged about 10 years had gone in Badhar (agricultural farm) to cut fodder for animal. At about 02:30 P.M., appellant, namely, Bir Bahadur Kushwaha after finding her daughter alone and for fulfilling his sexual desire tried to commit rape on her. Then, her daughter raised alarm. Villagers came there. The informant also went there and saw that some villagers are assaulting the appellant. The informant saw that the clothes of her daughter were torn. Thereafter Ashanand Kushwaha, father of the appellant, Sadanand Kushwaha, Kamta Kushwaha, Dinesh Kushwaha and Lallan Kushwaha assembled and were trying to settle the matter and due to this fact, the informant had not gone police station, but after 2-3 days, Ashanand Kushwaha, father of the appellant, Sadanand Kushwaha, Kamta Kushwaha, Dinesh Kushwaha and Lallan Kushwaha started giving threatening to the informant and her family members, hence gave the written complaint to the S.H.O., Jagdishpur.

2.1. On the basis of the written complaint, Jagdishpur P.S. Case No.241/2017 was registered and thereafter the Investigating Officer commenced investigation. After investigation, the Investigating Officer submitted charge-sheet against the present appellant.

3. During course of trial, the prosecution had examined 7 witnesses, namely, P.W.-1, Puja Kumari, P.W.-2, Birendra Singh, P.W.-3, Urmila Devi, P.W.-4, Noor Sultana, P.W.-5, Dr. Shazia Badar, P.W.-6, Guddu Kumar and P.W.-7, Krishna Yadav. Documentary evidence was also produced before the Trial Court. Thereafter further statement of the accused under Section 313 of the Code came to be recorded. After conclusion of the trial, the Trial Court convicted the present appellant for the aforesaid offences as stated hereinabove.

4. Heard Mr. Krishna Prasad Singh, learned Senior Counsel assisted by Mr. Lakshman Lal Pandey for the appellant and Mr. Bipin Kumar, learned Additional Public Prosecutor for the State.

5. Learned Senior Counsel appearing for the appellant submits that in the present case appellant has falsely been implicated. It is submitted that for the alleged occurrence which took place on 15.08.2017, written complaint was given on 20.08.2017 by the mother of the victim. Learned counsel has referred the written complaint given by the informant and thereafter submitted that in the said written complaint, which was given after a period of five days w