PHULO DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal appeal has been preferred under Sec. 413 of the Bhartiya Nagrik Suraksha Sanhita, 2023 against the judgment of acquittal dtd. 18/2/2025 passed by the learned Exclusive Spl. Judge (Rape and POCSO), Samastipur in T.R. No. 04/2025 arising out of Dalsinghsarai P.S. Case No. 176/2021 whereby Respondent Nos. 2 and 3 have been acquitted from the charge of Ss. 366A, 376D and 504 of the Indian Penal Code, Sec. 6 of the Prevention of Children from Sexual Offences Act (POCSO Act) and Ss. 3(1)(r), 3(i)(s), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The prosecution case, in brief, is that on 1/5/2021, at about 7:00 PM, informant's minor daughter, aged about 15 years, went out for nature's call, but did not return back even after a long time. Thereafter, the informant and her family members started searching her, but could not trace her. Next day, informant came to know that Ashok Rai, Virendra Prakash, Ashish Kumar and Rajesh Rai kidnapped her daughter and on complain, they assured that they would bring back her daughter, but did not return back. When on 1/7/2021, the informant asked them again, then they called her by her cast name "Mushrani Harijan" of lower cast and abused her.

(3.) On the basis of written statement of the informant, Dalsinghsarai P.S. Case No. 176 of 2021 was instituted under Ss. 366A, 376D & 504/34 IPC, Ss. 4, 6 & 17 of the POCSO Act and Ss. 3(1)(r), 3(1)(s), 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and 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. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.