Discrepancies in evidence and delay in FIR raised doubts about the conviction, prompting bail suspension.

(Per: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA)

9 22-01-2026 Heard the learned counsel for the appellant, Mr Pratik, the learned Counsel for State, Mr. Dilip Kumar Sinha and the learned Amicus Curiae, Ms. Aishwarya Shree.

2. The present appeal has been preferred against the judgment of conviction and order of sentence dated 02.12.2024 and 09.12.2024 respectively, passed by the Court of learned A.D.J.-VI- cum-Special Judge POCSO, West Champaran at Bettiah in Nautan P.S. Case No. 341 of 2021, S.G.R. No. 89/2021 (CIS-POCSO Case-137/2022), whereby and whereunder the appellant has been convicted under Sections 376(3) of the Indian Penal Code 1860 (hereinafter referred to as the “IPC”) and Section 4 and 8 of the POCSO Act , 2012 and have been directed to undergo sentence as mentioned hereunder:-

Section 376(3) IPC Rigorous imprisonment for 20 years Section 4 POCSO Act and fine of Rs. 20,000 and in default of payment of the same RI for 2 months Section 8 of POCSO Rigorous imprisonment for 5 years Act and fine of Rs.5000 and in default RI for 1 month All the sentences have been directed to run concurrently except sentence of in default of payment of fine.

3. The records of the present appeal have been placed before this Court to consider the prayer of the appellant for suspension of his sentence and release on bail during the pendency of the present appeal.

4. The case of the prosecution, in brief, as per the FIR based on the written report of the informant (mother of the Victim-P.W. 2), registered against the accused persons including the appellant herein, under Sections 376/312/506 of the IPC and Section 4 of the POCSO Act , 2012 is that the appellant Rupesh Giri, a co-villager, had been talking to the daughter of the informant (victim) aged about 14 years for the past two years as also he was establishing physical relationship with her on the false pretext of marriage and he even caused her abortion on two occasions by administering medicines to her. It has been alleged that on 06.09.2021 the appellant enticed the victim girl from her house in the night and left her on the chowk of the village after subjecting her to sexual intercourse, whereafter she went to her village. There is a further allegation that threatening to kill was being given by the appellant’s father Ballister Giri, Anita Devi wife of Ballister Giri and Aarti Kumari, daughter of Ballister Giri. Based on the abovementioned written report, Nautan P.S. Case No. 341 of 2021 dated 08.09.2021, was registered.

5. Mr. Pratik, the learned counsel for the appellant has submitted, at the very outset that there has been a delay of more than 36 hours in lodging of the first information report, in as much as while the occurrence allegedly took place in the night of 06.09.2021, the FIR was registered on 08.09.2021 at about 12.10 pm indicating due thought and deliberation before lodging the same. Doubt is cast upon the genuineness of the prosecution story also in view of some material inconsistencies and discrepancy in the story propounded by the victim, examined as P.W.1, in her statements recorded u/s 164 Cr. PC and her testimony during trial which also stands at variance with the story as narrated in the FIR, in as much as while it was stated earlier that she was left at the village chowk from where she went to her village house, the victim deposed during trial that she was left near the bridge from where she went all alone to the Mukhiya asking him for a panchayati.

6. Further submission on behalf of the appellant is that out of the 8 prosecution witnesses, the only non-official witnesses unrelated to the victim are PW-5 Sita Devi who has been declared hostile by the prosecution and PW-8 Pradeep Kumar Prasad, the Mukhiya, who has deposed that he had no knowledge about the issue in dispute but only remembers that the victim’s mother was talking about her daughter to be married to the son of Ballister Giri. This witness has rather denied the factum of the victim visiting him in