In sexual assault cases under the POCSO Act, the prosecution must provide overwhelming evidence beyond the victim's testimony, which must be credible and consistent.

JUDGMENT:

RAJEEV RANJAN PRASAD, j.

1.Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State as also perused the trial court's records.

2. Notice has been served upon the informant/victim but no one has appeared on behalf of her to contest the appeal.

3. The present appeal has been preferred for setting aside the judgment of conviction dated 15.07.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 21.07.2022 (hereinafter called the ‘impugned order’) passed by the learned Exclusive Special Judge (POCSO)-cum-Additional Sessions Judge-VI, Saran at Chapra (hereinafter called ‘the learned trial court’) in ST POCSO No. 99 of 2019 arising out of Garkha P.S. Case No. 554 of 2019.

4. By the impugned judgment, the appellants have been convicted for the offences punishable under Section 376(D) of the Indian Penal Code (in short ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). By the impugned order, the appellants have been ordered to undergo rigorous imprisonment for 20 years and a fine of Rs. 25,000/- each under Section 6 of the POCSO Act and in default of payment of fine, they have to further undergo simple imprisonment for one year.

Prosecution Case

5. The prosecution case is based on the fardbeyan of the victim (X) aged about 17 years recorded on 08.09.2019 at 18:35 hours (6:35 PM). The fardbeyan has been marked Exhibit-3. In her fardbeyan, she has stated that on 05-09-2019 at about 7:00 P.M., she had gone to meet one Shamshad in the maize field on a false pretext to her mother that she was going to defecate. When she was sitting with Shamshad and was talking to him, the accused persons, namely, (1) Upendra Singh, (2) Ajit Kumar and (3) Ranjit Kumar came there, they caught hold of her hand and then slammed her down in the maize field, then Ajit forced her odhani into her mouth whereafter Upendra committed rape on her. She has alleged that Ranjit was making video and thereafter, Ajit also committed rape on her. They had threatened her that if she would raise hulla then her video would be uploaded on Facebook and would be made viral. Towards the end of her fardbeyan, she has alleged that Md. Shamshad had hatched the conspiracy, he had called the accused persons and they committed rape with his consent.

6. On the basis of this fardbeyan, Garkha P.S. Case No. 554 of 2019 dated 08.09.2019 was registered under Section 376(D) and Section 6 of the POCSO Act against accused, namely, (1) Upendra Singh, (2) Ajit Kumar, (3) Ranjit Kumar and (4) Md. Shamshad. After investigation, police submitted chargesheet bearing no. 450 of 2019 dated 04.12.2019 under Sections 376(D)/120B IPC and Section 6 of the POCSO Act against Upendra Singh and Ranjit Kumar keeping investigation pending against Ajit Kumar and Md. Shamshad. On the basis of this chargesheet, learned Additional District Judge-I took cognizance of the offences vide order dated 18.12.2019 and separated the records of Ajit Kumar and Md. Shamshad. The accused persons were explained the charges to which they pleaded innocence and claimed to be tried. Accordingly, charges were framed vide order dated 06.02.202