VIKASH KUMAR PANKAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. P.N Shahi, learned senior counsel along with Mrs. Archana Sinha, learned counsel for the petitioner, Mr. Pranav Kumar, learned counsel for the State and Mr. Sanjeev Kumar, learned counsel for the opposite party no.2.

(2.) The present petition has been filed for quashing the order of cognizance dtd. 3/4/2021 passed in Special (POCSO) Case No. 231 of 2019, arising out of Kotwali P.S. Case No. 983 of 2019, registered under Ss. 341, 342, 448, 354, 354 A, 354 B, 506 of the Indian Penal Code and Ss. 6 and 8 of the Protection of Child from Sexual Offences Act (hereinafter referred to as the POCSO Act), whereby and whereunder the learned Additional Sessions Judge-VI-cum-Special Court POCSO, Patna has taken cognizance for the offences under Ss. 342, 354 A, 506 of the Indian Penal Code and Sec. 8 of the POCSO Act.

(3.) Brief facts of the case are that the minor informant got registered the aforesaid FIR stating in her written report that she and her sister were alone in the house on 1/11/2019 as her parents went to Deo (Aurangabad) on the occasion of Chhath festival and the petitioner, her neighbour, entered into the house of the informant by pushing her. The petitioner tried to forcibly pull the informant inside the room and started touching her body parts inappropriately. She and her sister started shouting and when the persons nearby started coming to their house, then the petitioner fled away from the place and while leaving threatened them not to say anything to any person. After return of her parents on 6/11/2019, the informant told her mother about the occurrence in the night of 7/11/2019 and informed the police on 8/11/2019. She also stated that she was very fearful and for this reason she told about the occurrence quite late to her family members.