PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 13:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 10.07.2023 passed by the learned Additional District & Sessions Judge- VI-cum-Special Judge (POCSO), Bhojpur in POCSO Case No. 08/2021, arising out of Mahila P.S. Case No. 09 of 2021, whereby Respondent Nos. 2 and 3 have been acquitted from the charge of Sections 323, 342, 376D and 456/34 of the Indian Penal Code and Section 6 of the POCSO Act.

2. Vide order dated 27.02.2025, Trial Court Records were called for, which were received on 18.03.2025.

3. The prosecution case, in brief, as per the F.I.R., is that on 28.05.2013 at 9:00 p.m., the informant was going to sleep; in the meantime, her next-door neighbour, Amit Kumar @ Chito, by jumping the boundary wall, entered her house then the informant asked from where did he come in the night. Upon this, he caught hold of her, slammed her on Chauki and committed rape on her. Just after that, Ashok Kumar, Vinod Kumar and Ramjee Yadav also committed rape on her. At the time of the alleged occurrence, she was alone at home, and only her younger sister, aged about 8 years, was with her. Parents of the informant had gone to her maternal uncle's home since her maternal grandmother (Nani) had died. Noticing her alone in the house and taking advantage of the situation, the accused committed rape on her. When in the morning, the informant told about the occurrence by phone call to her parents, they came to the village at about 1:00 p.m. The four accused persons along with their family members, put the informant and her parents in captivity for about 5-7 days and proposed to give her money and get her married.

They also made a written Panchnama. Then, on 24.01.2021, upon being released from the confinement of the accused persons, she raised alarm about her alleged rape and the subsequent occurrence. At that time, the informant with her father went to police station and she gave a written statement to the Thana Incharge, then he chased away the victim and her father and also abused them. Ramjee Yadav had already informed the Thana Incharge about the occurrence and asked him to not lodge the case. When the informant returned from the Police Station, then Umesh Singh, Raj Kumar Singh, Nandjee Singh, Ramjee Singh, Sunil Singh, Sanjay Singh and 5 to 6 other persons came with lathi, danda and rod and assaulted the informant, her parents and younger brother.

4. On the basis of the written statement of the informant, Mahila P.S. Case No. 09 of 2021 was instituted under Sections 323, 342, 376D and 456/34 of the I.P.C. and Section 6 of the POCSO Act and the investigation was taken up by the police. The police, after investigation, submitted charge-sheet against Respondent Nos. 2 and 3 and, accordingly, cognizance was taken and charges were framed against the accused persons, to which they pleaded not guilty and claimed to be tried.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM4NDUjMjAyMyMxI04=-Zcj900KH9k0=

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