The court highlights the necessity of direct involvement evidence for conviction in serious criminal cases.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

8 17-12-2025 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State of Bihar.

2. Records of this case have been placed before this Court to consider the prayer of the appellant for suspension of his sentence and release on bail during pendency of the appeal.

3. The appellant has been convicted vide judgment dated 28.02.2024 and sentenced vide order dated 06.03.2024 by learned A.D.J.-VI-cum-Special Judge, POCSO, Bettiah (West Champaran) in connection with S.G.R. No. 307 of 2020, CIS POCSO No. 107 of 2019 arising out of Bettiah Mahila P.S. Case No. 14 of 2019 for the offences punishable under Sections 376D /120B of the Indian Penal Code (in short ‘IPC’) and Sections 4 /17 and 6/17 of the Protection of Children from Sexual Offences Act (in short ‘POCSO Act’). He has been ordered to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/- for the offence under Section 376D /120B IPC and in case of default of payment of fine, he has to further undergo rigorous imprisonment for one month. For the offence under Section 4 /17 of the POCSO Act, he has been ordered to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/- and in case of default of payment of fine, he has to further undergo rigorous imprisonment for three months. For the offence under Section 6 /17 of the POCSO Act, he has been ordered to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.10,000/- and in case of default of payment of fine, he has to further undergo rigorous imprisonment for one month. All the sentences are to run concurrently.

4. As per the prosecution story, on 13.09.2019 at about

07:30 PM when the informant-victim was on her way to her Bhabhi’s house and reached Mithhi Tola, one Scorpio Car stopped near her and two men came out of the said car who dragged her inside the car by pressing her mouth where four persons were inside the car having their faces covered with gamchha. While the victim was trying to protect herself, in the meanwhile, the faces of two men were uncovered and the other two uncovered their faces themselves and took her towards saithghat on vehicle. She recognized the accused persons as Akash Kumar, Saajan Kumar, Dinanath Kumar and Kundan Kumar. The accused persons put her at the backseat of the car and accused Dinanath Kumar hold her hand and Kundan Kumar committed rape upon her and after him, all other three accused persons also committed rape upon her and left her near her house and fled away. They also threatened her not to disclose anything about the occurrence. The victim alleged that she informed her Bhabhi about the incident on mobile phone.

5. Learned counsel for the appellant submits that the occurrence took place on 13.09.2019 at 07:30 PM, the FIR has been lodged on 14.09.2019 at 17:00 Hrs., however, in the written information, the informant has stated about the presence of only four persons and she has alleged that those four persons had committed rape on her. This appellant is neither named in the FIR nor there is any statement that there was a fifth person in the vehicle.

6. Learned counsel has further pointed out that during her statement under Section 161 Code of Criminal Procedure (in short 'CrPC') and again under Section 164 CrPC, the informant had neither taken name of the appellant nor has stated about presence of any other person in the Scorpio. Referring to the findings of the learned trial court, learned counsel points out that the learned trial cour