JITAN CHARAN DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner is the informant and grandfather of the victim girl, who has sought leave to appeal against the judgment of acquittal dated 13th January, 2016 passed in Spl.(P) Case No. 16/14 by learned Court of Additional Sessions Judge-1-cum-Spl. Judge, Dhanbad, whereunder the sole accused/opposite party No. 2 was acquitted of the charges under Sections 376(D), 302 of Indian Penal Code and 4 of POCSO Act.

(3.) Informant, in his written report, alleged that his daughter and son-in-law died 12 years back and thereafter their two sons and one daughter (victim/deceased) were taken care of by him. Elder maternal grandson is aged about 25 years, second one is 20 years and victim maternal grand-daughter, Pinki Kumari was 16 years of age as on 6th February, 2013. When she was studying in 10th standard at Rajkiya Kanya Ucha Vidyalaya at about 5 p.m., she went outside the house by carrying clothes in one bucket and soap for cleaning the same and also to attend the call of nature. When she did not return by 6.30 p.m., all the family members started making search for her, but could not trace her. On the next day at about 1.30 p.m., there was commotion that dead body of victim was lying on the stone over the heap of over burden at Selected Akashkinari. On this information, the informant and his family members went there and saw that the victim was lying dead by tying dupatta in her neck and tying Payjama (leggings) on her nose and mouth. Informant claimed that Mohit Rai alias Petu aged about 19 years had committed rape on her and killed her. He had been indulging in cher-chhad (molestation) with his maternal grand-daughter, which she used to object and despite making them understand by Mohallawala, bat his family members extended threat stating that they were defaming his son and are muscle men kind of person. On 6th February, 2013, in the night, Mohit Rai and his mother came to their house and extended threat, not to defame his son and intimate the police.