The prosecution must prove allegations of sexual assault beyond reasonable doubt; inconsistencies in the victim's statements and lack of corroborative evidence resulted in acquittal.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 09-12-2025

Heard learned counsel for the appellants, learned Amicus Curiae and the learned Additional Public Prosecutor for the State in both the appeals. Despite service of notice upon the informant (Respondent No. 2) she has not entered appearance to oppose the appeal.

2. The present appeal arises out of the judgment of the conviction dated 25.11.2022 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 28.11.2022 (in short referred to as the ‘impugned order’) passed by the learned Exclusive Special Court (POCSO Act)-cum- 7^th Additional District and Sessions Judge, Bhagalpur in connection with POCSO Case No. 141 of 2019 arising out of Kahalgaon P.S. Case No. 677 of 2019.

3. By the impugned judgment the appellants namely Banti Kumar Yadav @ Banti Yadav and Nanhku Mandal @ Nandlal Mandal @ Nandlal have been convicted for the offences under Sections 376 (DA) of the IPC and 5(g), 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012 (in short referred to as the ‘POCSO Act’) and have been sentenced to undergo rigorous imprisonment for life which shall mean imprisonment for the remainders of natural life and to pay a fine of Rs. 10,000/- (Ten Thousand) each and in default of payment of fine to further undergo simple imprisonment for three months.

4. Prosecution Case:

The prosecution case is based on the fardbeyan of the victim (P.W. 2) recorded on 08.10.2019 at 16:45 hours at Kahalgaon police station. In her fardbeyan, she has stated that her mother has solemnized second marriage with Sanjay Mahaldar of village – Kodwar under Ghogha police station so she was living in the house of Sanjay Mahaldar with her mother. One month back her mother had gone to Amritsar on 05.10.2019 Sanjay Mahaldar had scolded and abused her so she came at Kisan Nagar and she was weeping, from where Bhabhi of Chandan Mandal took her at her house, where she was talking with her mother and her mother had assured that she was returning home. Further she alleged that on 07.10.2019 at the instance of Bhabhi of Chandan Mandal she had gone to visit a fair at Kolapur along with one Rajesh Kumar, friend of Chandan Mandal at 6:00 P.M., thereafter at about 8:00 P.M. Rajesh returned his house then she was returning to the house of Chandan at Kisan Nagar, she was coming behind another woman and as soon as she reached at Gopalpur Railway crossing, in the meantime, 2 – 3 boys began to tease her, so she went Railway crossing and stayed there in night. Further she has alleged that on 08.10.2019 at about 3:00 A.M. she started to go to the house of Chandan at Kisan Nagar but as soon as she reached near Santa School, in the meantime, Banti Yadav, R/o Kodwar and Nanhku @ Nandlal Mandal, R/o village Adarsh Nagar, Phulakiya both surrounded her and tried to act forcibly with bad intention and when she protested both began to assault her and dragged her in the garden near Santa High School and removed her cloths and committed rape twice one after another and threatened to kill her if she would file a case against them. She has further alleged that she remained in unconscious condition for a long time and when she regained conscious … she came at police station and gave information. She claimed that her mother was about to reach at Ghogha from Amritsar.

5. On the basis of the aforesaid written application, Kahalgaon P.S. Case No. 677 of 2019 dated 08.10.2019 was registere