The Patna High Court, while allowing an appeal filed against the judgment and order of conviction, passed under Section 376 of the Indian Penal Code, and Section 3/4 of the POCSO Act, held that there was no reason for not medically examining the victim but the prosecution’s case would not be thrown out on that score alone; however, it casts serious doubt on the investigation having been carried out in a proper manner.
Brief Facts:
The appellant has been convicted under Section 376 of the Indian Penal Code and Section 3/4 of the POCSO Act. No separate sentence has been awarded to the appellant under Section 376 of the IPC. The victim, a 16-year-old girl, is alleged to have been raped by the appellant on the night of 12.04.2022. She lodged a written report on 13.04.2022 alleging that when she had gone to the washroom behind the house of her maternal grandmother, with whom she had been residing for a long time, the appellant, a 22-year-old man came; gagged her; disrobed her, and then committed rape on her.
Contentions of the Appellants:
The Learned Counsel for the Appellants submitted that the victim was a major and the accusation against the appellant is motivated and false and brought up by the victim because of the existing land dispute between the appellant and the grandmother of the victim. He further argued that looking at the medical report and the deposition of the witnesses, it is evident that a false case has been lodged by the victim. By no stretch of imagination can the victim be called a sterling witness and her statements cannot be believed without serious caveats.
Contentions of the Respondents:
The Learned Counsel for the Respondents submitted that the victim was 14 years of age according to the school certificate which forms part of the exhibited documents on behalf of the prosecution and the victim has supported the prosecution case in totality. Minor discrepancies are bound to occur in the deposition of a victim of sexual crime as well as of other witnesses. He argued that no person can claim to have an eidetic memory and some lapses ought not to be magnified for discarding the prosecution case.
Observations of the Court:
The Court noted that the prosecution has failed to prove the case beyond reasonable doubt. There have been many lapses on behalf of the prosecution which go to the root of the matter and the victim is also not found to be making correct statements during the Trial.
The Court observed that the appellant was arrested immediately after the occurrence. His wearing apparel was also seized. There was no reason whatsoever for not medically examining him which would have only added weight to the evidence in favour of the prosecution. That not having been done, the prosecution would not be thrown out on that score alone, but it definitely casts serious doubt on the investigation having been carried out in a proper manner. The Court said that the different sequence of events narrated by the victim, which is definitely not in sync with what she had stated in her written report and the statement of the grandmother of the victim makes the prosecution case absolutely doubtful.
The decision of the Court:
The Patna High Court, allowing the appeal, held that the appellant is acquitted of all the charges against him.
Case Title: Ajeet Kumar vs The State of Bihar & Anr.
Coram: Hon’ble Justice Ashutosh Kumar and Hon’ble Justice Jitendra Kumar
Case no.: CRIMINAL APPEAL (DB) No.945 of 2023
Advocate for the Appellant: Mr. Ajay Kumar Thakur
Advocate for the Respondents: Mr. Binod Bihari Singh
Read Judgment @LatestLaws.com
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