PATNA, India, Sept. 1 -- Patna High Court issued the following judgment on Aug. 1:

The present criminal appeal has been preferred against the judgment of acquittal dated 19.12.2022 passed by Sri Neeraj Kumar-II, the learned Additional Sessions Judge-I, Katihar in S.T. No. 102/2009 (arising out of Balrampur P.S. Case No. 15/2006, CIS No. 758/2014), whereby the Respondent Nos. 2 and 3 have been acquitted by the learned Trial Court from the charge u/s 376 (g) of the I.P.C. and they are discharged from their respective liabilities.

2. The prosecution case in brief is that the victim was a minor girl of about 14 years and living with her parents, grandfather and other family members in her village. On 30.12.2005 at about 02:00 PM she was alone in her house, and her parents and siblings had gone to paddy field. The grandfather of the victim was basking under the sun. Suddenly both the accused persons, having pistol in their hands, entered into her house and overpowered her. The Respondent No. 1 pointed the pistol on her grandfather and asked him to keep mum. When she tried to raise alarm, Respondent No. 2 inserted pistol barrel in her mouth and threatened to kill her and her grandfather if she would make hue and cry. Thereafter, they pushed her down and committed rape on her.

3. For the above occurrence, a complaint was filed before the court. The complaint was sent to the concerned Police Station for registration of an FIR under Section 156(3) of the Cr.P.C. On the basis of above application, an FIR 15/2006 was instituted by Balrampur Police against the accused persons. After completion of the investigation, the IO has submitted the final report 35/2006 showing the case false.

4. The final report was accepted by the court, but the protest petition filed by the complainant was converted into a complaint and a new complaint case 2551/2006 was instituted against the above-named accused persons. After inquiry, both the accused persons were summoned to face trial for offence U/s 376 IPC vide order dated 12.01.2008. The case was committed to the Court of Sessions vide order dated 02.04.2009. The case was transferred to this court by the Sessions Judge.

5.After hearing both sides and on the basis of the materials available on record, charge for offence u/s 376 (g) of IPC was framed, read over and explained to the accused persons in Hindi to which they plead not guilty and claimed to be tried.

6. During the trial, altogether 03 witnesses were examined by the Prosecution, viz. P.W. 1 Mother of the complainant; P.W. 2 Sister of the complainant; P.W. 3 the complainant. The prosecution also placed one documentary evidence before the trial court which was marked as Exhibit P-1 i.e., the FIR of Balrampur PS case no. 15/2006. The Defence did not examine any witness before the learned trial court, and presented four documentary evidence before the trial court, i.e., SDE no. 470/2005 which was marked with objection as D-1, The C.C. of case no. 44 M /2006, which was marked as D-2, Charge sheet of Balrampur PS 15/2006 which was marked as D-3, C. C of FIR of Balrampur PS case 58/2005 which was marked as D-4. After closure of prosecution evidence, the statements of the accused persons were recorded under Section 313 Cr.P.C, where they claimed to be innocent and said to make their statement of defence in writing. Thereupon arguments on behalf of both sides were made and trial concluded, recording the judgment of acquittal in favour of the accused.

7. The learned trial Court passing the impugned judgment considered the following facts in issue:

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