The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to the appellant's acquittal.

JUDGMENT :

Heard learned counsel for the appellant and the learned counsel for the State.

2. The appellant has filed this appeal against the judgment of conviction dated 21.4.2018 and the order of sentence dated 24.04.2018 passed by the learned Additional Sessions Judge1-cum-Spl. Judge (POCSO), Dhanbad in Special (POCSO) Case No. 88 of 2016, arising out of Katras PS Case No. 178 of 2016, corresponding to GR No. 2843 of 2016 whereby the appellant was convicted under sections 366(A) and 376 Indian Penal Code and section 4 of Protection of Children from Sexual Offences Act. The appellant was sentenced for his conviction under section 366(A) of IPC and Section 4 of Protection of Children from Sexual Offences Act to undergo RI for 10 years each with fine of Rs. 50,000/- each for both the offences with default stipulation of RI for 6 months. No separate sentence was passed under section 376 of IPC and both the aforesaid sentences were ordered to run concurrently.

3. The prosecution case as per the written report of the informant PW-2 is that on 16.07.2016 at about 09:30 A.M. his minor daughter (PW-1 victim girl) aged about 15 years went to her school, Balika Madhya Vidyalaya, Katrasgarh, from where she used to go to take her tuition and, in the evening, she used to come to the house, but, on that day, informant’s daughter did not return to the house. Then informant searched for her but he could not find his daughter. Thereafter, informant on 18.7.2016, informed at the police station about missing of his daughter. On 19.7.2016 the informant came to know that Babloo Turi (appellant) had kidnapped his minor daughter with bad intention.

4. On the basis of the written report of the informant, Katras PS Case No.178 of 2016, dated 19.07.2016 was registered against the appellant under sections 363/366A of IPC. After investigation, charge-sheet was submitted, cognizance of the offence was taken and the case was committed to the Court of Sessions. Charge was framed against the appellant under sections 366 A and 376 of IPC and under section 4 of the POCSO Act and trial was held. At the conclusion of trial, appellant was convicted and sentenced as aforesaid, hence, this appeal.

5. Prosecution had examined altogether 8 witnesses out of whom PW-1 is the victim herself; PW-2 is the father of the victim and informant and PW-3 is the mother of the victim; PW-4 is Setti Kumar Yadav; PW-5 is Dr. Sashi Lal; PW-6 is Cyril Marandi, who is the investigating officer of the case; PW-7 is Ganesh Turi and he is hostile witness and PW-8 is Bishwanath Oraon, who is judicial Magistrate 1st class, Dhanbad.

6. Victim PW-1 has stated in her evidence that on 16.7.2016 at 09:20 A.M, she was going to her school Rajendra Balika Ucch Vidyalaya, Katrashgarh, then, accused Babloo Turi told her that he will drop her at school by motorcycle, but, he threatened her that he will kill her father and took her to Dhanbad. Accused kept her for 20 days and established physical relation with her and when her father lodged the case, then accused brought her to the court. PW-1 further stated that her statement was recorded by the learned Magistrate under section 164 Cr.P.C. but at that time, out of fear, she had stated before the Magistrate whatever she was told by the accused. PW-1 further deposed that the accused had established physical relation with her and due to which she became pregnant and her medical test was also done. PW-1 has proved her signature on her statement under section 164 Cr.P.C. which was marked as Ext.-1. In her cross-examination, PW-1 has stated that accused lived in front of her house so she knew the accused. Accused used to come to her house and used to establish relation with her but she did not complain anywhere. PW-1 further stated that the child in her womb had died.

7. PW-2 is the informant of the case and father of the victim. PW-2 has stated in his evidence that occurrence is of 16.7.2016 at 9:30 A.M. when his daughter had gone to her school at Rajendra Madh