Patna High Court
Paglu Tanti vs The State Of Bihar on 14 November, 2024
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.749 of 2023
Arising Out of PS. Case No.-82 Year-2014 Thana- KAHALGAON District- Bhagalpur
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Paglu Tanti S/O Late Vinku Tanti R/O (Village), Bela Fulwariya, P.S-
Sanokhar, District- Bhagalpur
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Baijnath Sah, Adv.
For the Respondent/s : Mr. A.M.P. Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 14-11-2024
1. Heard the parties.
2. The present appeal preferred by
appellant/convict, namely, Paglu Tanti against judgment of
conviction dated 04.01.2023 and order of sentence dated
06.01.2023
rendered by learned Exclusive Special Judge
POCSO cum 7th Additional District and Sessions
Judge,Bhagalpur in POCSO case No. 147 of 2019 in
connection with (Kahalgaon) Sanokhar P.S. Case No. 82 of
2014, whereby and where under appellant/convict has been
convicted for the offence punishable under Section 4 of
POCSO Act and has directed the appellant to undergo R.I. for
7 years and fine of Rs. 10,000/- and in default of payment of
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
fine he is directed to further undergo SI for three months.
3. Case of prosecution in brief as it appears from
fardbeyan of victim/Informant (PW-3), who is a married lady
but after deserting her husband was residing with her parents.
On 28-09-2014, she had left her house at around 1:00 AM
night and gone to the house of her neighbor, namely, Boka
Mandal, thereafter again she had gone to the house of Sadan
Mandal where she stayed whole day and in the evening of 29-
09-2014 she had gone to the house of her neighbor, namely,
Paglu Tanti (appellant) and on the advice of appellant's wife
she was sleeping on the "chouki" available in the room of the
appellant. Further alleged that on 30.09.2014 at about 1:00
AM appellant entered into the room where victim was sleeping
and committed rape upon her and assured that he would
arrange a suitable match for her but she started to cry, upon
so, appellant offered her Rs. 500/- and advised her not to
disclose anyone about the occurrence but anyhow on
30.09.2014, somewhere between 9:00-10:00, PM victim
returned to her parental home and disclosed about the
incidence to her mother and on the next date a panchayati
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
was called for but appellant did not come in the panchayat.
Consequent upon occurrence was reported to police.
4. On the basis of aforesaid written information,
(Kahalgaon) Sanokhar P.S. Case No. 82 of 2014 was lodged
under section 376 of I.P.C., against the appellant.
5. To substantiate its case, the prosecution has
examined altogether four witnesses. They are:-
Prosecution
Witnesses No(s). Names
P.W. 1 Mala Devi (co-villager)
P.W. 2 Usha Devi (co-villager)
P.W. 3 Informant (victim)
P.W. 4 Ranju Devi (victim's
bhabhi)
P.W. 5 Dr. Shilpi Rani (Doctor)
P.W. 6 America Paswan (ASI)
6. Apart from the oral evidence, the prosecution has
also relied upon following documents/exhibits in order to
prove the charges:-
Exhibit No(s). List of documents
Exhibit-p/1 Medical Report
Exhibit-p/2 Formal FIR
Exhibit-p/3 Charge-sheet
7. On the basis of evidences, as surfaced during
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
the trial, the appellant/convict was examined under Section
313 of the Cr.P.C., where he denied all incriminatic evidences
as surfaced against him during trial and claimed his complete
innocence and false implication.
8. Neither any defence witness nor any document
was exhibited in support of defence by appellants/convicts.
9. Upon the basis of evidences as surfaced during
the trial and also by taking note of the argument as advanced
by the learned counsel appearing on behalf of the parties, the
learned trial court convicted appellant/convict and passed
order of sentence, as stated hereinabove.
10. Being aggrieved with aforesaid judgment of
conviction and order of sentence, the appellant/convict
preferred the present appeal.
11. Hence the present appeal.
Argument on behalf of the appellant/convict:
12. It is submitted by learned counsel arguing on
behalf of the appellant/convict, that victim was a married lady
but disclosed her age as 16 years in FIR authored herself
without having any basis. It is pointed out that she was not
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
proved "child" within the meaning of Section 2(1)(d) of the
POCSO Act as she could not proved below 18 years in terms
of Section 94(2) of Juvenile Justice (Care and Protection of
Children) Act, 2015 which also stands approved by Hon'ble
Apex Court through its judgment in the matter of Jarnail
Singh vs. State of Haryana as reported through 2013 (7)
SCC 263 and also P. Yuvaprakash vs. State Rep. by
Inspector of Police reported through 2023 SCC OnLine
SC 846.
13. It is further submitted by the learned counsel
for the appellant that the conviction in the present case
secured on the basis of sole testimony of victim/PW-3 but
from the materials available on record i.e., her fardbeyan,
statement as recorded under Section 164 of the Cr.P.C. and
also her deposition made before court during the trial, she
cannot be said to qualify the test of "sterling witness" and
therefore the conviction as recorded by learned trial court is fit
to be set aside/quashed.
14. In support of his submissions learned counsel
relied upon the legal report of Hon'ble Supreme Court as
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
available through Rai Sandeep vs. State (NCT of Delhi)
reported in (2012) 8 SCC 21.
Argument on behalf of State:
15. Learned APP appearing on behalf of State
categorically submitted that victim/informant/PW-3
categorically testified during the trial that appellant committed
rape upon her but he could not disputed the fact that the
victim proved "child" within the meaning of Section 2(1)(d) of
the POCSO Act as per the legal norms settled through Section
94(2) of Juvenile Justice (Care and Protection of Children)
Act, 2015.
16. I have perused the trial court records carefully
and gone through the evidences available on record and also
considered the rival submissions as canvassed by learned
counsel appearing on behalf of the parties.
17. As to re-appreciate the evidences, while
disposing the present appeal, it would be apposite to discuss
the evidences available on record, which are as under:-
18. The most important witness of present
occurrence is, PW-3, who is victim/informant herself. It
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
appears from her deposition that she is a married lady and as
her husband was not of her choice, she left him and returned
to her paternal village where after roaming for few days/hours
she joined the family of the appellant who assured her to
solemnize her second marriage of her choice and ask her to
stay in his house. Coming to the statement of victim as
recorded under Section 164 of the Cr.P.C. it appears that she
was offered food by appellant family in the night which
appears to be adulterated. In night appellant came to her
room and made an attempt to commit rape upon her
whereafter she fled away but the door was closed from the
outside. Whereafter appellant thrown her on cot where his
wife was sleeping and thereafter committed wrong work
(rape) on her. It appears from her statement that the wife of
the appellant also helped him while committing rape upon her.
She was offered Rs. 500/- not to disclose incident to others
whereafter at about 1:30 A.M. she was ousted from the
house.
18.1. Taking note of FIR which was authored by
victim/PW-3 herself it appears that rape was committed in the
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
same room where she was sleeping and no allegation was
raised against the wife of appellant. There is also no allegation
regarding giving of adulterated food. It appears from the
fardbeyan that she was allowed to go between 09-10 P.M. on
30-09-2014 from the house of the appellant.
19. Coming to the testimony of victim as she
deposed before the learned trial court, it appears that rape
was committed upon her while she was sleeping in room,
somewhere in midnight by appellant. She remained there for
whole day i.e., on 30.09.2014, and thereafter she was
allowed to go from the house of the appellant. It appears from
her cross-examination that her statement was recorded
before the police after two days of the occurrence. She denied
any previous enmities and land dispute with the appellant
whereas she confirmed the panchayati. It is admitted position
of law that the FIR/fardbeyan and statement as recorded
under section 164 of the Cr.P.C. are not the substantial peace
of evidence but their corroborative value cannot be ignored. It
is essential to test victim whether her testimony inspired
confidence and also to check her trust worthiness qua crime in
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
question.
20. In this context, it would be apposite to
reproduce para 22 of Rai Sandeep case (supra) which
reads as follows:-
"22. In our considered opinion, the "sterling
witness" should be of a very high quality and
calibre whose version should, therefore, be
unassailable. The court considering the version of
such witness should be in a position to accept it
for its face value without any hesitation. To test
the quality of such a witness, the status of the
witness would be immaterial and what would be
relevant is the truthfulness of the statement
made by such a witness. What would be more
relevant would be the consistency of the
statement right from the starting point till the
end, namely, at the time when the witness makes
the initial statement and ultimately before the
court. It should be natural and consistent with
the case of the prosecution qua the accused.
There should not be any prevarication in the
version of such a witness. The witness should be
in a position to withstand the cross-examination
of any length and howsoever strenuous it may be
and under no circumstance should give room for
any doubt as to the factum of the occurrence, the
persons involved, as well as the sequence of it.
Such a version should have co-relation with each
and every one of other supporting material such
as the recoveries made, the weapons used, the
manner of offence committed, the scientific
evidence and the expert opinion. The said version
should consistently match with the version of
every other witness. It can even be stated that it
should be akin to the test applied in the case of
circumstantial evidence where there should not
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
be any missing link in the chain of circumstances
to hold the accused guilty of the offence alleged
against him. Only if the version of such a witness
qualifies the above test as well as all other such
similar tests to be applied, can it be held that
such a witness can be called as a "sterling
witness" whose version can be accepted by the
court without any corroboration and based on
which the guilty can be punished. To be more
precise, the version of the said witness on the
core spectrum of the crime should remain intact
while all other attendant materials, namely, oral,
documentary and material objects should match
the said version in material particulars in order to
enable the court trying the offence to rely on the
core version to sieve the other supporting
materials for holding the offender guilty of the
charge alleged."
21. PW-1 is Mala Devi and PW-2 is Usha Devi,
where PW-1 categorically deposed through her examination-
in-chief that victim was available at her house and no alarm
was raised. She identified appellant being co-villager.
Similarly, PW-2 categorically deposed that she is not aware
about the occurrence and she only came to know that victim
went somewhere else. Both these witnesses were not
declared hostile by the prosecution during the trial.
Considering their depositions the occurrence further appears
doubtful.
22. PW-4 is Ranju Devi, who is the sister-in-law
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
of victim/PW-3. It appears from her examination-in-chief that
she came to know from the victim herself that appellant
committed rape upon her. She also denied previous litigation
or enmities between the parties.
23. PW-5 is Dr. Shilpi Rani, who conducted
medical examination upon the victim on 03-10-2014 at Sadar
Hospital, Bhagalpur finding of which are under :-
"3. No injury physical or chemical seen on any
part of the body including private part.
A. Send two sealed vaginal swab to the dept of
pathology JLNMCH, BGP for detection of
spermatozoa and also request for Urine test for
pregnancy.
B. Request for radiological determination of age
sent to department of radiology JLNMCH, BGP,
(X-ray B/L wrist joint A/P and lateral, x-ray
pelvis, x-ray B/L elbow joint apl Lateral, x-ray
(B/L and ankle joint A/P and lateral)- and also for
USG- lower abdomen (and axnexa) to
determination pregnancy if any.
D. EL N0. E-2570 at 2 P.M. on 03-10-2014
4- M.I - A Black mole on right side of chin. A
Blackish mole of left cheek left side of nose.
5. On 13-10-2014 according to pathological
report dept of pathology JLNMCH, BGP serial no.
247 memo no. 393 dated 04-10-2014
spermatozoa not found and urine test for
pregnancy is negative.
6. According to radiological report dept of
radiology JLNMCH, BGP X-ray no.261 M.R No.
Free dated 04-10-2014 her age is below 18
years. According to USG report dept of radiology
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
JLNMCH, BGP Ultrasound no. 17938 M.R no.
free dated 04-10-2014 Uterus - Normal size,
empty no gestation sac."
23.1. It also appears from medical examination
reports that there was no evidence of recent sexual
intercourse however she was found below 18 years.
24. Now the another important question which
arises is whether the victim was proved "child" within the
meaning of Section 2(1)(d) of the POCSO Act during the trial
or not.
25. In this context it appears that save and
except radiological examination as victim found below 18
years and also as per the fardbeyan where victim herself
stated that she is 16 years old at the time of occurrence
nothing appears in support of her age. It is well settled law
that the age of victim to be decided as per legal provisions
available under Section 94(2) of Juvenile Justice (Care and
Protection of Children) Act, 2015.
26. It would be apposite to reproduce para nos.
22 and 23 of the Jarnail Singh's case (supra) and also
para 14, 15, 16 and 17 of P. Yuvaprakash case (supra)
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
which reads as under:-
"22. On the issue of determination of age of a
minor, one only needs to make a reference to
Rule 12 of the Juvenile Justice (Care and
Protection of Children) Rules, 2007 (hereinafter
referred to as the 2007 Rules). The aforestated
2007 Rules have been framed under Section
68(1) of the Juvenile Justice (Care and Protection
of Children) Act, 2000. Rule 12 referred to
hereinabove reads as under :
"12. Procedure to be followed in
determination of age.- (1) In every case
concerning a child or a juvenile in conflict with
law, the court or the Board or as the case may be
the Committee referred to in rule 19 of these
rules shall determine the age of such juvenile or
child or a juvenile in conflict with law within a
period of thirty days from the date of making of
the application for that purpose.
(2) The court or the Board or as the case may be
the Committee shall decide the juvenility or
otherwise of the juvenile or the child or as the
case may be the juvenile in conflict with law,
prima facie on the basis of physical appearance
or documents, if available, and send him to the
observation home or in jail.
(3) In every case concerning a child or juvenile in
conflict with law, the age determination inquiry
shall be conducted by the court or the Board or,
as the case may be, the Committee by seeking
evidence by obtaining -
(a) (i) the matriculation or equivalent certificates,
if available; and in the absence whereof;
(ii) the date of birth certificate from the school
(other than a play school) first attended; and in
the absence whereof;
(iii) the birth certificate given by a corporation or
a municipal authority or a panchayat;
(b) and only in the absence of either (i), (ii) or
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
(iii) of clause (a) above, the medical opinion will
be sought from a duly constituted Medical Board,
which will declare the age of the juvenile or child.
In case exact assessment of the age cannot be
done, the Court or the Board or, as the case may
be, the Committee, for the reasons to be
recorded by them, may, if considered necessary,
give benefit to the child or juvenile by considering
his/her age on lower side within the margin of
one year.
and, while passing orders in such case shall, after
taking into consideration such evidence as may
be available, or the medical opinion, as the case
may be, record a finding in respect of his age and
either of the evidence specified in any of the
clauses (a)(i),(ii), (iii) or in the absence whereof,
clause (b) shall be the conclusive proof of the age
as regards such child or the juvenile in conflict
with law.
(4) If the age of a juvenile or child or the juvenile
in conflict with law is found to be below 18 years
on the date of offence, on the basis of any of the
conclusive proof specified in sub-rule (3), the
court or the Board or as the case may be the
Committee shall in writing pass an order stating
the age and declaring the status of juvenility or
otherwise, for the purpose of the Act and these
rules and a copy of the order shall be given to
such juvenile or the person concerned.
(5) Save and except where, further inquiry or
otherwise is required, inter alia, in terms of
Section 7A, section 64 of the Act and these
rules, no further inquiry shall be conducted by
the court or the Board after examining and
obtaining the certificate or any other
documentary proof referred to in sub-rule (3) of
this rule.
(6) The provisions contained in this rule shall also
apply to those disposed off cases, where the
status of juvenility has not been determined in
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
accordance with the provisions contained in sub-
rule(3) and the Act, requiring dispensation of the
sentence under the Act for passing appropriate
order in the interest of the juvenile in conflict
with law."
"23. Even though Rule 12 is strictly applicable
only to determine the age of a child in conflict
with law, we are of the view that the aforesaid
statutory provision should be the basis for
determining age, even for a child who is a victim
of crime. For, in our view, there is hardly any
difference in so far as the issue of minority is
concerned, between a child in conflict with law,
and a child who is a victim of crime. Therefore, in
our considered opinion, it would be just and
appropriate to apply Rule 12 of the 2007 Rules,
to determine the age of the prosecutrix VW-PW6.
The manner of determining age conclusively, has
been expressed in sub-rule (3) of Rule 12
extracted above. Under the aforesaid provision,
the age of a child is ascertained, by adopting the
first available basis, out of a number of options
postulated in Rule 12(3). If, in the scheme of
options under Rule 12(3), an option is expressed
in a preceding clause, it has overriding effect over
an option expressed in a subsequent clause. The
highest rated option available, would conclusively
determine the age of a minor. In the scheme of
Rule 12(3), matriculation (or equivalent)
certificate of the concerned child, is the highest
rated option. In case, the said certificate is
available, no other evidence can be relied upon.
Only in the absence of the said certificate, Rule
12(3), envisages consideration of the date of
birth entered, in the school first attended by the
child. In case such an entry of date of birth is
available, the date of birth depicted therein is
liable to be treated as final and conclusive, and
no other material is to be relied upon. Only in the
absence of such entry, Rule 12(3) postulates
reliance on a birth certificate issued by a
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
corporation or a municipal authority or a
panchayat. Yet again, if such a certificate is
available, then no other material whatsoever is to
be taken into consideration, for determining the
age of the child concerned, as the said certificate
would conclusively determine the age of the
child. It is only in the absence of any of the
aforesaid, that Rule 12(3) postulates the
determination of age of the concerned child, on
the basis of medical opinion."
14. Section 94(2)(iii) of the JJ Act clearly
indicates that the date of birth certificate from
the school or matriculation or equivalent
certificate by the concerned examination board
has to be firstly preferred in the absence of which
the birth certificate issued by the Corporation or
Municipal Authority or Panchayat and it is only
thereafter in the absence of these such
documents the age is to be determined through
"an ossification test" or "any other latest medical
age determination test" conducted on the orders
of the concerned authority, i.e. Committee or
Board or Court. In the present case, concededly,
only a transfer certificate and not the date of
birth certificate or matriculation or equivalent
certificate was considered. Ex. C1, i.e., the school
transfer certificate showed the date of birth of
the victim as 11.07.1997. Significantly, the
transfer certificate was produced not by the
prosecution but instead by the court summoned
witness, i.e., CW-1. The burden is always upon
the prosecution to establish what it alleges;
therefore, the prosecution could not have been
fallen back upon a document which it had never
relied upon. Furthermore, DW-3, the concerned
Revenue Official (Deputy Tahsildar) had stated
on oath that the records for the year 1997 in
respect to the births and deaths were missing.
Since it did not answer to the description of any
class of documents mentioned in Section 94(2)(i)
as it was a mere transfer certificate, Ex C-1 could
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
not have been relied upon to hold that M was
below 18 years at the time of commission of the
offence.
15. In a recent decision, in Rishipal Singh
Solanki v. State of Uttar Pradesh,3 this court
outlined the procedure to be followed in cases
where age determination is required. The court
was dealing with Rule 12 of the erstwhile Juvenile
Justice Rules (which is in pari materia) with
Section 94 of the JJ Act, and held as follows:
"20. Rule 12 of the JJ Rules, 2007 deals with the
procedure to be followed in determination of age.
The juvenility of a person in conflict with law had
to be decided prima facie on the basis of physical
appearance, or documents, if available. But an
inquiry into the determination of age by the Court
or the JJ Board was by seeking evidence by
obtaining: (i) the matriculation or equivalent
certificates, if available and in the absence
whereof; (ii) the date of birth certificate from the
school (other than a play school) first attended;
and in the absence whereof; (iii) the birth
certificate given by a corporation or a municipal
authority or a panchayat. Only in the absence of
either (i), (ii) and (iii) above, the medical opinion
could be sought from a duly constituted Medical
Board to declare the age of the juvenile or child.
It was also provided that while determination was
being made, benefit could be given to the child or
juvenile by considering the age on lower side
within the margin of one year."
16. Speaking about provisions of the Juvenile
Justice Act, especially the various options in
Section 94(2) of the JJ Act, this court held in
Sanjeev Kumar Gupta v. The State of Uttar
Pradesh 4 that:
"Clause (i) of Section 94(2) places the date of
birth certificate from the school and the
matriculation or equivalent certificate from the
concerned examination board in the same
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
category (namely (i) above). In the absence
thereof category (ii) provides for obtaining the
birth certificate of the corporation, municipal
authority or panchayat. It is only in the absence
of (i) and (ii) that age determination by means of
medical analysis is provided. Section 94(2)(a)(i)
indicates a significant change over the provisions
which were contained in Rule 12(3)(a) of the
Rules of 2007 made under the Act of 2000.
Under Rule 12(3)(a)(i) the matriculation or
equivalent certificate was given precedence and it
was only in the event of the certificate not being
available that the date of birth certificate from
the school first attended, could be obtained. In
Section 94(2)(i) both the date of birth certificate
from the school as well as the matriculation or
equivalent certificate are placed in the same
category.
17. In Abuzar Hossain @ Gulam Hossain v. State
of West Bengal,5 this court, through a three-
judge bench, held that the burden of proving that
someone is a juvenile (or below the prescribed
age) is upon the person claiming it. Further, in
that decision, the court indicated the hierarchy of
documents that would be accepted in order of
preference."
27. Admittedly, there is no documents as issued
from the first the attending school or from the local panchayat
produced during the trial in support of the age of the victim, in
view of under Section 94(2) of Juvenile Justice (Care and
Protection of Children) Act, 2015. As far as radiological
examinations is concerned there is always chance of error
and, therefore, after giving a marginal benefit of +2 years,
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
the victim appears major on the date of occurrence,
moreover, she was admittedly a married lady on the date of
occurrence.
28. In aforesaid context it would apposite to
reproduce legal report of Hon'ble Supreme Court as available
through Rajak Mohammad vs. State of Himachal
Pradesh reported in (2018) 9 SCC 248, which is as
under:-
"9. While it is correct that the age determined
on the basis of a radiological examination may
not be an accurate determination and sufficient
margin either way has to be allowed, yet the
totality of the facts stated above read with the
report of the radiological examination leaves
room for ample doubt with regard to the
correct age of the prosecutrix. The benefit of
the aforesaid doubt, naturally, must go in
favour of the accused.
10. We will, therefore, have to hold that in the
present case the prosecution has not
succeeded in proving that the prosecutrix was
a minor on the date of the alleged occurrence.
If that is so, based on the evidence on record,
already referred to, we will further have to hold
that the possibility of the prosecutrix being a
consenting party cannot be altogether ruled
out."
29. In view of aforesaid discussion it can be
safely said that victim was not proved "child" within the
meaning of Section 2(1)(d) of the POCSO Act during the trial.
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
30. Hence, in view of aforesaid discussions the
presumption as available under Sections 29 and 30 of the
POCSO Act not appears applicable to present fact of this case.
31. Considering aforesaid discussions it appears
that prosecution failed to answer several questions during the
trial, which creates a serious doubt qua crime in question,
benefit of which must be extended to the appellant.
32. Accordingly, appellant deserves to be given
benefit of doubt.
33. Accordingly, appeal stands allowed.
34. The impugned judgment of conviction dated
04.01.2023 and order of sentence dated 06.01.2023
rendered by learned Exclusive Special Judge POCSO cum 7 th
Additional District and Sessions Judge,Bhagalpur in POCSO
case No. 147 of 2019 in connection with (Kahalgaon)
Sanokhar P.S. Case No. 82 of 2014 is hereby set
aside/quashed.
35. Appellant namely, Paglu Tanti is in
custody in connection with this case, he is directed to be
released forthwith, if not required in any other case. Fine, if
Patna High Court CR. APP (SJ) No.749 of 2023 dt.14-11-2024
any paid, by appellant, be returned to appellant immediately.
36. Office is directed to send back the trial
court records and proceedings along with a copy of this
judgment to the trial court, forthwith.
(Chandra Shekhar Jha, J)
Sudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.11.2024
Transmission Date 21.11.2024
