PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 19.01.2024 passed by the learned II Additional District and Sessions Judge VI-cum-Special Judge POCSO, Bhojpur in POCSO Case No. 14 of 2022 arising out of Shahpur P.S. Case No. 397 of 2021, whereby Respondent No. 2 has been acquitted by the learned Trial Court from the charges of Sections 354, 448, 504 and 506 of the Indian Penal Code and Section 8 of the POCSO Act.

2. Vide order dated 26.10.2024, notice was issued to Respondent No. 2, upon which he appeared by filing Vakalatnama through learned Advocate, Mr. Ajay Kumar Singh.

3. The prosecution case, in brief, is that on 11.12.2021, between 9:00AM to 10:00 AM, the informant/victim was alone at home, as her parents had gone out. During this time, the accused, Manu Tripathi (Respondent No.2), came to her residence under the pretext of conducting an election campaign despite the Model Code of Conduct being in force. He unlawfully entered the house and physically abused the victim.

4. On the basis of written complaint of the informant, Shahpur P.S. Case No. 397 of 2021 was instituted under Sections 354, 448, 504, and 506 of the I.P.C. and Section 8 of the POCSO Act and investigation was taken up by the police. The police after investigation submitted charge sheet against Respondent No. 2 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

5. During the trial, the prosecution examined four witnesses i.e., PW1- Victim, PW2- Victim's Father, PW3- Victim's Mother and PW4- Manoj Kumar, Investigating Officer. The prosecution has also produced certain documents, which are marked as Exhibits: Exhibit P1-signature of the victim/informant on the written application, Exhibit P2- endorsement of SHO on the written application, Exhibit P2a & 2b-signature of SHO on the backside of the F.I.R., Exhibit Xphotocopy of admit card of the victim, Exhibit X-1-photocopy of transfer certificate of the victim, Exhibit 3- handwriting and signature on charge sheet. After closure of prosecution evidence, the statements of the accused persons were recorded under Section 313 Cr.P.C. and after conclusion of trial, learned trial Court has acquitted the accused persons.

6. Learned counsel for the appellant has submitted that the impugned judgment passed by learned Trial Court is bad in law as well as on facts. Further, it was submitted that the learned Trial Court has failed to scrutinize the evidence on the record, which proved the manner of occurrence as well as place of occurrence, erroneously reached on wrong findings.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM1OTgjMjAyNCMxI04=-NDIyb9i6c00=

Disclaimer: Curated by HT Syndication.