STATE OF JHARKHAND Vs. CHANDAN KUMAR PANDIT

JUDGEMENT

(1.) Heard learned Additional Public Prosecutor representing the appellant State.

(2.) State being aggrieved by the impugned judgment of acquittal dated 08.03.2018 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Deoghar in POCSO Case No. 52/2016 arising out of Sarath P.S. Case No. 132/2016 (G.R. No. 710/2016), whereunder the sole accused / Respondent herein, has been acquitted from the charge under sections 342 and 376 of the I.P.C. and section 4 of the POCSO Act, has preferred the present Acquittal Appeal. Appeal suffers with delay of 101 days, for condonation of which, an application bearing I.A. No. 9221/2018 has been preferred. Application for Leave to Appeal under section 378(3) of the Code of Criminal Procedure, 1973 being I.A. No. 9222/2018 has also been preferred. We have heard learned counsel for the Appellant-State on the merits of the challenge as well.

(3.) In order to appreciate the contention urged on behalf of the appellant State, brief facts of the case, as borne out from the record, are necessary to be referred to hereunder: The victim, a minor girl aged 13 years as found by the Medical Officer (P.W.9) Dr. Sushma Verma, put the law in motion by submitting a written report on 15.09.2016 to the Officer-in-Charge, Sarath P.S. inter-alia alleging as follows: She is a student of Class-VIII. Her mother has expired and her father works in Fatuha in Bihar. She lives with her grandmother. On 13.09.2016 she had gone to the shop of Suran Pandit at 11.00 am for purchasing some household articles (i.e. 1.00 kg of potato), where her co-villager accused / private Respondent Chandan Kumar Pandit, aged 22 years, S/o Baleshwar Pandit was found sitting inside the shop. When she reached there, the shopkeeper came out and closed the gate of the shop and put lock from outside. The accused Chandan Kumar Pandit thereafter closed her mouth with his hand and took her inside the inner room where she was laid on the floor. On raising brawl, he inserted her 'chunni' in her mouth and committed rape upon her. After half an hour, he left her and then, Jagbandhu Pandit opened the lock of the shop and the victim came out and went to her house and narrated the incident to her grandmother who started raising brawl. Her father at Fatuha was informed on phone. He came to the village and after making inquiry about the incidence, case was instituted bearing Sarath P.S. Case No. 132/2016 dated 15.09.2016 under section 376 of the I.P.C. and section 3 and 4 of POCSO Act against the sole accused Chandan Kumar Pandit. He was charge sheeted vide Charge sheet No. 131/2016 dated 30.11.2016 under sections 376 and 511 of the I.P.C. and section 8 of the POCSO Act. After cognizance, case was committed to the Court of learned Special Judge, POCSO Act. Charges were framed against the accused which were read over and explained in Hindi, to which he denied and claimed to be tried.