The prosecution failed to prove the age of the prosecutrix and the charges against the appellants beyond reasonable doubt, leading to their acquittal.

Judgment :

(Rajani Dubey, J.)

Since all these appeals arise out of judgment of conviction and order of sentence dated 18.2.2020 passed by Additional Sessions Judge, Fast Track Court, Raigarh in Special Criminal Case under the POCSO Act No.9/2019, they are being disposed of by this common judgment. The appellants have been convicted and sentenced as under:

All the sentences were directed to run concurrently.

02. Case of the prosecution, in brief, is that on 19.2.2019 father of the prosecutrix lodged a missing report stating that on 18.2.2019 at around 11 pm her daughter/prosecutrix, aged about 14 years, had gone out of home without informing anyone and is not traceable. Based on the written complaint (Ex.P/1), the police registered FIR (Ex.P/2) against unknown person under Section 363 of IPC . During investigation, she was recovered on 24.1.2019 from a Rain Basera (Night Shelter/Lodge) at Bus Stand, Transport Nagar vide recovery panchanama Ex.P/4. It revealed during the course of investigation that on 18.1.2019 in the night accused Vivek @ Vicky Yadav and accused Rajeev Kumar Yadav @ Raju offered lift to the prosecutrix in their van. While she was sitting in the van, accused Rajeev Yadav kissed her and accused Vivek @ Vicky took her to his home and committed rape on her. Next day, accused Rajeev Yadav took her from the house of accused Vivek and dropped her off at Chandrapur.

03. The prosecutrix purchased one used mobile at Chandrapur from one mobile shop and accused Kailash, who was working in the said mobile shop, purchased a SIM in his name and gave it to her and made arrangement for her night stay in the house of his acquaintance Naina Manjhi. Next day morning, accused Kailash got her dropped at Sarangarh through his friend accused Tej Kumar Nishad @ Raju. Thereafter, accused Tej Kumar left her at Sarangarh with accused Satyanarayan @ Satya Dewangan who molested her. Accused Satyanarayan @ Satya, Tej Kumar and Kailash Bareth took the prosecutrix to a garden for discussing about making arrangement for her stay where accused Akbar Khan also came. There accused Kailash Bareth took back the SIM from the prosecutrix which was given by him to her. Thereafter, at the instance of accused Satyanarayan and Kailash, the prosecutrix went to the house of accused Akbar where he made her drink liquor at night and committed repeated sexual intercourse with her. Next day morning, accused Satyanarayan and Akbar made her sit in a bus bound for Raigarh. At Raigarh Bus Stand, she happened to meet accused Amit Singh who got her stay at a lodge and in the evening took her on a motorcycle on the pretext of roaming around and committed rape on her.

04. After recovery of the prosecutrix, her statement under Section 164 of CrPC was recorded vide Ex.P/22. She was produced before the Child Welfare Committe