PRIYANKA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The instant appeal has been filed for setting aside the judgment of acquittal dtd. 7/3/2022 passed by the learned Additional District and Sessions Judge-VI-cum-Special Judge, POCSO Act, Buxar in connection with POCSO Case No. 27 of 2021 (C.I.S. No. 27 of 2021), arising out of Sikraul P.S. Case No. 37 of 2020, whereby and whereunder the respondent nos. 2 and 3 have been acquitted of the offences punishable under Ss. 354, 452, 380 of the Indian Penal Code (in short 'IPC') and Sec. 12 of POCSO Act, for which they were charged.

(3.) Mr. Ramesh Kumar Singh, learned counsel appearing for the appellant submits that during trial, the prosecution examined altogether five witnesses, among them PW-1 and PW-2 were victims and they fully supported the case of prosecution and both the victims were below the age of 18 years at the time of occurrence and the mother of the victims, who was examined as PW-3, also supported the case of the prosecution. It is further submitted that PW-4, who is the youngest sister of the informant, was sleeping with her both the sisters (victims) and she herself witnessed the occurrence and before the trial court, supported the prosecution's allegation and PW-5, investigating officer, proved the formal FIR and deposed that there are two criminal antecedents against the respondent no.3 and he got the age certificate from Belhari Middle School to find out the age of one of the victims and according to his conclusion, the said victim was a minor girl. It is further submitted that as per trial court, there were six criminal cases against the respondent no. 3 namely Bhim Paswan but ignoring this fact as well as other material evidences, the respondent nos. 2 and 3 were wrongly acquitted of the offences charged and the evidence of prosecution witnesses was not properly appreciated by the trial court and minor contradictions, which were probable due to various reasons in the testimonies of the prosecution witnesses, were only taken into consideration by the trial court while acquitting the respondents.