PATNA, India, Sept. 3 -- Patna High Court issued the following judgment on Aug. 3:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 21.12.2023 passed by the learned Additional Sessions Judge- VI-Cum-Special Judge POCSO, Katihar in G.R. No. 3540/2021 and CIS No. 06 of 2022, arising out of Mahila P.S. Case No. 24/2021, whereby Respondent Nos. 2 has been acquitted by the learned Trial Court from the charge of Sections 312, 313, 376, 504 and 506 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

2. Vide order dated 09.01.2025, notices were issued to the Respondent No. 2, upon which he appeared by filing Vakalatnama through learned Advocate, Mr. Bimal Kumar.

3. The prosecution case, as per the written complaint of the informant dated 08.09.2021, in brief, is that on the allurement of marriage, Md. Rakibul Hak (23 years) always used to make sexual relationship with the informant. Meanwhile, she became pregnant and then three months ago, Rakibul Hak gave her medicine and got the pregnancy aborted against her wish. On 29.08.2021, around 10:00 P.M. in the night, Rakibul Hak came to her and started making sexual relationship like before, in the meantime, her uncle Md. Alam came out of his house to urinate and saw both of them making illicit relationship, and then he closed the door from outside and called her parents and others also. Thereafter, Manwara Khatoon, Farida Khaton and Md. Shamim Akhtar also came there and opened the door. In the meantime, Rakibul fled away from there. When her parents and uncle asked about the occurrence from her, she narrated it to them. The mother, sister and brother of accused Rakibul Hak assured her for marriage in the morning. When the matter was placed before the villagers and PANCH's in the morning, Rakibul Hak, Manwara Khatoon, Farida Khatoon and Md. Shamim Akhtar started abusing her and they, including Rakibul Hak denied the marriage. All of them threatened for dire consequence in case they would make hue and cry.

4. On the basis of written statement of the informant, Mahila P.S. Case No. 24/2021 was instituted under Sections 376, 504, 506 of the I.P.C. and Section 4 of the POCSO Act, and investigation was taken up by the police. The police, after investigation, submitted charge-sheet against Respondent No. 2 and cognizance was taken. Thereafter, the case was committed to the Court of Sessions. Charges were framed against the Respondent No. 2, to which he pleaded not guilty and claimed to be tried.

5. During the trial, the prosecution examined altogether 07 witnesses viz. PW1 Md. Alam, PW2 informant/Victim, P.W3 Md. Kaium, PW4 Md. Maqusud, PW5 Suita Jaiswal (I.O.), PW6 Vaijuddin and PW 7 Dr. Shashi Kiran. The prosecution has also produced certain exhibits (statement of victim u/s 164 Cr.P.C., signature of victim on formal FIR, signature of the then S.I. on formal FIR, signature of the then S.I. on FIR and medical report prepared by Dr. Shashi Kiran). The defence has also examined three witnesses viz. DW1 Ajhar Alam, DW2 Md. Malik Kastur, DW-3 Suryamani Kumar. After closure of prosecution evidence, the statement of the accused was recorded under Section 313 Cr.P.C. and after conclusion of trial, learned trial court has acquitted the accused persons.

6. In a criminal appeal against acquittal, what the Appellate Court has to examine is whether the finding of the learned court below is perverse and prima facie illegal. Once the Appellate Court comes to the finding that the grounds on which the judgment is based are not perverse, the scope of appeal against acquittal is limited considering the fact that the legal presumption about the innocence of the accused is further strengthened by the finding of the Court. At this point, it is imperative to consider the decision of the Hon'ble Supreme Court in the case of Surajpal Singh & Ors. Vs The State reported in 1952 SCR 193, Paragraph 13 of which reads as under:

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSMyMzEjMjAyNCMxI04=-9qDekypRxSo=

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