The prosecution's burden was not met due to substantial inconsistencies in witness testimonies; thus, a conviction was unjustified.

JUDGMENT :

Alok Kumar Pandey, J.

The present appeal has been directed against the judgment of conviction and order of sentence dated 21.07.2025 passed by learned Special Judge, Exclusive POCSO Court-cum- ADJ-VI, Bhojpur at Ara in POCSO Case No. 50 of 2021, arising out of Chouri P.S. Case No. Case No. 63 of 2023, whereby the appellant has been convicted for the offence punishable under Sections- 354-A and 341 of I.P.C. and sentenced to undergo R.I. for one year and fine of Rs. 5,000/- for the offence punishable under Section-354-A of I.P.C. and, in default of payment of fine, to undergo R.I. for further one month and fine of Rs. 500/- for the offence punishable under Section-341 of I.P.C. and, in default of payment of fine, to undergo S.I. for further fifteen days. However, the appellant has been acquitted of the charges under Sections- 354-B and 504 of I.P.C. and 08 and 12 of POCSO Act .

2. The name of victim has not been disclosed in the present judgment to protect her prestige and dignity.

3. As per the prosecution case, informant victim, narrated the story of prosecution that on 08.06.2021, at about 11:30 p.m., the victim informant, aged about 15 years proceeded to watch the dance programme at the house of villager Udhi Rai. On the way, near the house of Sanjay Master, appellant caught hold of the informant/victim at the time of loneliness prevailing at said place and started talking in indecent manner and informant/victim has stated that at the same time and place she released her hand and started making hue and cry. Lastly, she was left and she began to abuse in rage and victim has stated that she told the appellant that she would inform the guardian and the villagers regarding the said occurrence, then the appellant slapped her and she has told all the occurrence to her parents so that legal proceeding will take its own course against appellant.

4. On the basis of aforesaid written application of informant/victim, Chouri P.S. Case No. 63 of 2021 was registered for the offences punishable under Sections- 341, 323, 354-B, 504 of I.P.C. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, charge sheet was submitted against the appellant under the aforesaid Sections and cognizance was taken under Sections- 323, 341, 354-A, 354-B, 504 of I.P.C. and Sections- 08 and 12 of POCSO Act . Thereafter, the case was committed to the Court of Sessions after following due procedure. The learned trial court framed charges against the appellant under Sections- 354-A, 354-B, 341, 504 of I.P.C. and Sections- 08 and 12 of POCSO Act . Charges were read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.

5. In order to bring home guilt of the accused person, prosecution has examined all together five witnesses. P.W. 1/Father of victim, P.W.2/The victim, P.W. 3/Brother of victim, P.W. 4/Uncle of victim and P.W. 5/Pradip Kumar Pandey (Investigating Officer).

6. Prosecution has relied upon following documentary evidence on record:-

Ext-P-1/PW 2, Written report by victim-cum-informant, for identification- Admit Card of victim (xerox);

Ext-P-2/PW 5, Endorsement and signature on written application;

Ext-P-3/W 5, Writing and signature of SHO on charge-sheet;

7. Defence has not produced any oral or documentary evidence. However, defence of appellant as gathered from the line of cross-examination of prosecution witnesses as well as from the statement