Patna High Court
Monu Kumar @Manu Kumar vs The State Of Bihar on 13 November, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.463 of 2024
Arising Out of PS. Case No.-340 Year-2021 Thana- GOVINDGANJ District- East
Champaran
======================================================
Monu Kumar @Manu Kumar SON OF PARMESHWAR SAH VILLAGE -
BAHUARA, PS- KALYANPUR, DIST- EAST CHAPARAN
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajesh Kumar, Adv.
For the Respondent/s : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 13-11-2024
1. Heard Mr. Rajesh Kumar, the learned
Advocate for the appellant and Mr. Abhimanyu
Sharma, the learned APP for the State.
2. The appellant has been convicted for the
offences under Sections 363, 366 and 366(A) of
the Indian Penal Code and Section 4(2) of the
POCSO Act, 2012 by judgment dated 07.07.2023
passed by the learned Additional Sessions Judge
-6th -cum-Special Judge, POCSO Act, Motihari,
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
2/13
East Champaran in connection with P. Trial No.
14/2022, CIS No. 264/21 arising out of
Govindganj P.S. Case No. 340/2021. By order
dated 20.07.2023, he has been sentenced to
undergo R.I. for seven years, to pay a fine of Rs.
10,000/- and in default of payment of fine to
further suffer S.I. for ten days for the offence
under Sections 363 IPC; R.I. for ten years, to pay
a fine of Rs. 10,000/- and in default of payment of
fine, to further suffer S.I. for ten days for the
offence under Section 366 IPC; R.I. for ten years,
to pay a fine of Rs. 10,000/- and in default of
payment of fine, to further suffer S.I. for ten days
for the offence under Section 366 (A) IPC and ;
R.I for twenty years along with a fine of Rs.
10,000/- and in default of payment of fine, to
suffer S.I. for ten days for the offence under
Section 4 (2) of the POCSO Act, 2012. The
sentences, however, were directed to run
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
3/13
concurrently.
3. The grandmother of the victim (PW4) had
lodged her written report addressed to the Officer-
in-Charge of Govindganj Police Station in the
district of East Champaran, Motihari on
01.11.2021
that her granddaughter who had been
residing with her was kidnapped on 30.10.2021 by
the appellant and four others. Her granddaughter
was in possession of a mobile telephone bearing
number 9771921958. The accused persons, all
this while had been calling her from different
telephone numbers, intimating her that they have
kidnapped her granddaughter. Similar telephone
calls had come to the mother of the victim as well.
4. On the basis of the afore-noted written
report, a case vide Govindganj P.S. Case No.
340/2021 dated 01.11.2021 was registered for
investigation under Section 363, 365, 366(A) and
34 of the Indian Penal Code and Section 8 of the
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
POCSO Act, 2012.
5. The police sent up only the appellant for trial.
6. The Trial Court after having examined seven
witnesses on behalf of the prosecution convicted
and sentenced the appellant as aforesaid and also
granted compensation to the victim.
7. The grandmother (PW4) supported the
prosecution case at the trial in as much as she
asserted that her granddaughter was kidnapped
after she had gone to attend a Shradh feast in her
neighbourhood. She also spoke about the
telephone calls of accused persons, masquerading
themselves, from different telephone numbers.
She was not in a position to state about any
particular telephone number from which such calls
had come. After about two hours of her coming to
know about the kidnapping, she had called the
parents of the victim. Later, on the next day, the
written report was filed. According to PW4, the
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
victim was recovered after nine days. She was not
even aware as to who had drafted the written
report on which the subject case was registered.
8. The victim claims herself to be fourteen years
old. The Trial Court assessed her capabilities of
making cogent statement at the trial and on being
satisfied, recorded her statement. While narrating
the incident before the Trial Court, the victim
frequently burst into tears. According to her,
appellant and others kidnapped her from Sikatia
and brought her to Raniganj where she was kept in
a friend's house whose name she could not know.
All the accused persons, five in number, are said to
have raped her. One person, namely, the appellant
wanted to marry her. Thereafter, the victim alleged
the appellant and two women accompanied her to
Punjab where she was confined in a room. For the
period that she was in confinement, the appellant
used to sedate her by giving some injection to her.
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
When she regained her consciousness on one day,
she found Punjab Police at that place. The
appellant had asked her to hide herself but she had
refused. The appellant, thereafter, fled away and
she was brought to the police station. Her father
had come along with the Bihar Police to take her
back.
9. Later, the appellant also was arrested.
10. In her cross-examination, she has stated
that for the fear of being apprehended by the
police, the appellant tried to marry her. Instead of
putting vermilion on her forehead, he applied
lipstick.
11. She has denied the suggestion that nothing
of this kind had ever happened and that after
coming back from Punjab where she had gone of
her own volition, she supported the prosecution
case on the asking of her family members.
12. The mother of the victim has been examined
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
as PW3. She had no idea about the occurrence.
She was only made to know about it from her own
mother (PW4). However, she asserted that
according to her information, the victim was
recovered at the instance of Punjab Police. When
she had met her daughter (victim), she had also
narrated her woes and had said that she was
subjected to rape by all the accused persons.
According to her, the victim had also made a
written report before the Punjab Police whereafter
her statement was recorded there only.
13. To this extent, case of the prosecution is
consistent that the victim was kidnapped from her
neighbourhood in Sikatia and brought to Raniganj
and then to Punjab.
14. However unfortunately, there is nothing on
record to indicate as to from where was the victim
recovered. The Investigating Oficer of this case has
not been examined. No person from Punjab Police
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
has been brought to witness stand. There is
nothing on record as such to lend credence to this
story of the Bihar Police having travelled to Punjab
on the complaint of the grandmother of the victim,
where with the help of Punjab Police, she was
recovered.
15. On the contrary, we find that one Dr.
Rashmee Shree (PW-7), one of the members of
the medical team, who had examined the victim
did not find any sign of any external injury.
However, the hymen was not found to be intact.
There is no observation about rupture of hymen
being in near past. Before her, the victim had
narrated her story. She had told her that she
resided with her grandmother and that she had left
her home along with the appellant on 30.10.2021
for Punjab. She got married at Punjab on
31.10.2021 with the appellant and came back on
10.11.2021. PW-7 asserted that this statement
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
was made by the victim voluntarily.
16. We have also found from the records that the
statement of the victim under Section 164 Cr.P.C.
is also not the same what she had to say before
the trial court.
17. With no police personnel having been brought
to the witness-stand and there being nothing on
record to know as to when and from where the
appellant was arrested, this Court has no material
to confirm the veracity of the accusation made
against the appellant.
18. True it is that a statement before a Doctor is
not treated as evidence but considering the PW-7,
who was one of the Doctors who had examined the
victim had heard her say that she had gone to
Punjab of her own volition, it would be difficult to
completely ignore such part of her statement
especially in the background of there being no
material except for the solitary statement of the
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
victim that she was kidnapped by five persons, all
of whom committed rape with her and the
appellant wanted to marry her. While narrating
about the occurrence before the Trial Court, she
explained that when the Punjab Police had arrived
at the place where she was kept in confinement,
appellant first asked her to conceal herself but
later, in order to give it an appearance of a run-
away marriage tried to create evidence of putting
vermilion on her forehead.
19. All this story remains unconfirmed and
uncorroborated at the trial. Without the Trial Court
having confirmed the fact as to from where the
victim was recovered and when was the appellant
arrested, there was no way in which complete
reliance could have been placed on the deposition
of the victim.
20. Two other villagers, distantly related to the
victim, namely, Awadh Kishore Singh and Suresh
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
Singh ( PW-1 and PW-2 respectively) have also
not stated anything worthwhile to lend credence to
the prosecution version. Both of them were
present in the village of the occurrence and heard
at the Shradh feast, where the victim had also
visited, that the victim had gone traceless. They
learnt from the grandmother of the victim that she
has been kidnapped.
21. In this background, it is difficult to accept the
prosecution version without a demur.
22. The victim allegedly was taken away from her
neighbourhood after she had gone to attend a feast
where many persons of the villager had gone. This
had happened on 30.10.2021 and a day after, the
written report was filed. Between this period, PW-
4 claims to have received telephone calls with
regularity.
23. How was this possible ?
24. It, therefore, appears that the prosecution is
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
based only on the guesswork. There could be a
possibility of the victim being in contact with the
appellant, who had gone to Punjab along with him
for whatever purpose and then came back. This
may not have been acceptable to the family.
However, we are at a loss to understand as to why
four other persons including the appellant were
made accused in this case but during investigation
nothing could be collected against anyone of them.
25. As noted above, we also have no idea
A of the Code of Criminal Procedure.
26. It would thus be absolutely unsafe for us to
place complete reliance on what the victim had to
say before the Trial Court.
27. Thus, giving benefit of doubt to the appellant,
we set aside the judgment and order of conviction.
28. The appellant is acquitted of the charges.
29. The appellant is in jail since 11.11.2021. He
Patna High Court CR. APP (DB) No.463 of 2024 dt.13-11-2024
is directed to be released from jail forthwith if not
required or wanted in any other case.
30. The appeal stands allowed.
31. Interlocutory application/s, if any, also stands
disposed of.
32. Let a copy of this order be communicated to
the Superintendent of concerned jail for record and
compliance.
33. The records of this appeal be also returned to
the concerned Trial Court forthwith.
(Ashutosh Kumar, J)
( Rajesh Kumar Verma, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 14.11.2024
Transmission Date 14.11.2024
