The judgment highlights the importance of compelling reasons for interfering with a judgment of acquittal and the significance of innocence being proved twice in a case.

JUDGMENT :

PANKAJ PUROHIT, J.

1. Heard learned counsel for the parties.

2. This application for seeking leave to appeal has been preferred by the State of Uttarakhand against the judgment and order dated 06.06.2022 passed by the Children Court/District and Sessions Judge, Tehri Garhwal in Special Session Trial No. 02 of 2019, State vs. Ayush Kathait (Juvenile-in-Conflict with law), whereby the respondent/accused has been acquitted of the charges leveled against them under Sections 376(2)(n) and 506 of IPC.

3. The case of the prosecution initiated when a First Information Report Ext. Ka-1 was given by the victim to the Naib Tehsildar, Tehsil Balganga-Ghansali, District-Tehri Garhwal, stating therein that Shri Ashish S/o Shri Shishpal, Shri Rukam Singh S/o Shri Kedar Singh and Ayush Kathait S/o Shri Mohan Singh Kathait, respondent/accused, are residents of village Dhansani, had forcibly made sexual relationship with her for a period of two years and threatened her with life, if she disclosed it to anyone. It was also narrated in the First Information Report that on 21.12.2017, victim became mother of their child; she requested to take stern action against the respondent/accused and other accused persons named in the First Information Report.

4. On the basis of the aforesaid First Information Report (Ext.Ka-1), a Case Crime No. 01 of 2018, under Sections 376, 506 IPC was registered against the respondent/accused Ayush Kathait and two other co-accused persons, namely, Ashish and Rukam Singh, on 17.02.2018 at about 02:00 PM. The Chick FIR is exhibited as Ext.Ka-10 on the record.

5. After registration of the crime, the investigation was transferred to the Regular Police, vide letter no. 206/20-67 dated 22.02.2018 of the District Magistrate, Tehri Garhwal. After investigation, charge-sheet was submitted against accused Rukam Singh under Sections 376 and 506 of IPC in the Court of Chief Judicial Magistrate, Tehri Garhwal and since, the other co-accused were juvenile, the charge-sheet was submitted against respondent/accused Ayush Kathait and co-accused Ashish under Sections 376 and 506 of IPC in the Court of Juvenile Justice Board, Tehri Garhwal.

6. Since, the respondent/accused (Juvenile-in-Conflict with law) was more than 16 years of age and less than 18 years, the Juvenile Justice Board, Tehri Garhwal, after making a preliminary assessment under Section 15 of Juvenile Justice (Care and Protection of Children) Act, 2015, remit his case to the Children Court, Tehri Garhwal, under Section 18(3) of the said Act, for his trial as an adult. So far as the third accused person named in the FIR Ashish is concerned, he was less than 16 years of age, on the date of alleged commission of crime, it is reflected from the record that inquiry in respect of him was conducted by the Juvenile Justice Board in Case No. 23 of 2018 and the same has been disposed off vide judgment and order dated 17.12.2021, passed by the learned Juvenile Justice Board, Tehri Garhwal. It is also reflected from the record that the only accused-Rukam Singh, who was an adult on the date of the alleged commission of crime, was tried by the Special Judge (POCSO)/District and Sessions Judge, Tehri Garhwal in Special Sessions Trial No. 24 of 2018, which has also been disposed off by the learned trial court vide judgment and order dated 06.06.2022, acquitting him of the charges.

7. Here, in this appeal filed by the government against acquittal, we are concerned with the acquittal of Ayush Kathait, who was acquitted by the learned Children Court/District and Sessions Judge, Tehri Garhwal, by the impugned judgment and order under appeal.

8. The Juvenile Justice Board, Tehri Garhwal, after supplying the copy of the documents under Section 207 of Cr.P.C. remitted the case of the respondent/accused for trial to the Children Court, Tehri Garhwal, which was registered as Special Sessions Trial No. 02 of 2019 on 01.02.2019 in the Children Court.

9. On 10.06.2019, learned trial court framed charge