THE STATE OF BIHAR Vs. RANJEET JHA

JUDGEMENT

(1.) This appeal under Section 378 (1) read with Section 378 (3) of the Code of Criminal Procedure, 1973 has been filed on behalf of the State of Bihar assailing the judgment and order dated 22.12.2015 passed by learned Additional Sessions Judge 1st-cum-Special Judge, Begusarai in POSCO Case No. 01 of 2015, arising out of SC/ST Sadar, Begusarai P.S. Case No. 64 of 2014, whereby learned trial Court has recorded acquittal of the sole respondent, who stood charged for the offences under Section 376 of the Indian Penal Code and Sections 4 and 8 of Protection of Children From Sexual Offences Act, 2012 and Section 3 (1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

(2.) The case of the prosecution is based on fardbeyan of the alleged victim, who claimed to be 09 years of age and student of Class-I. Her mother worked as a maid whereas her father was engaged in the business of toddy. The family belongs to a Scheduled Caste. According to her fardbeyan, at about 09 A.M. in the morning of 28.12.2014, she had gone out of her house to answer call of the nature when the atmosphere was covered with fog. While returning back, when she reached near the cattle-shed (Bathan) of the respondent, he forcibly took her to the room of the said pasturage, undressed her jeans pant and inserted his finger in her private part. She also alleged that the sole respondent attempted to commit rape on her after undressing himself whereupon she raised alarm. The respondent, thereafter, started fleeing away and at the same time, asked her not to tell any one about the incident. She further alleged that when she felt pain in the night, she started weeping and disclosed the occurrence to her mother. She also said that on 27.12.2014 also, the respondent had raped her by inserting finger in her private part. Based on the said fardbeyan, the First Information Report of SC/ST Sadar, Begusarai P.S. Case No. 64 of 2014 was registered for the offences under Section 376 of the Indian Penal Code and Sections 4 and 8 of Protection of Children From Sexual Offences Act, 2015 and Section 3(2)(v) of and Section 3 (1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

(3.) The Police submitted charge-sheet under the aforesaid Sections of the Indian Penal Code, whereupon cognizance was taken and charge was framed. Since the respondent pleaded innocence, trial against him commenced.