Mantu Rai vs The State Of Bihar

Headnote AI-drafted · Reviewed and approved

The appellant preferred a criminal appeal under Section 372 of the Code of Criminal Procedure against a judgment of acquittal passed by the Additional District Judge-VII-cum-Special Judge, POCSO, Patna. The trial court had found Respondent Nos. 2 to 6 guilty only under Sections 323 and 341 of the Indian Penal Code, releasing them on admonition under the Probation of Offenders Act, while acquitting them of charges under Sections 354, 307 read with Section 149 IPC and Section 12 of the POCSO Act.

The prosecution's case arose out of an incident on 04.06.2016 wherein the accused allegedly came armed with lathi and danda to the informant's house and assaulted him, causing head injuries. The motive alleged was a land dispute, and it was further alleged that one of the accused had been harassing the informant's minor daughter on her way to school by holding her hand and threatening her. The trial court held that the prosecution failed to establish the element of sexual intention necessary under Section 12 of the POCSO Act and that the injuries sustained were simple in nature, not attracting Section 307 IPC.

The appellant contended before the High Court that the trial court erred in holding that forcibly catching the victim girl's hand did not amount to sexual harassment under Section 12 of the POCSO Act and Section 354 IPC, and that the finding regarding Section 307 IPC was also erroneous inasmuch as two injuries were medically proven, not one as observed by the trial court. The High Court proceeded to examine the correctness of the acquittal on these grounds.

Catchwords: criminal appeal against acquittal · POCSO Act · sexual harassment · section 12 POCSO · section 354 IPC · section 307 IPC · attempt to murder · simple injury · probation of offenders · section 323 IPC · section 341 IPC · wrongful restraint · land dispute · minor victim · sexual intention