Nirmala Devi vs The State Of Bihar

Headnote AI-drafted · Reviewed and approved

The appellant/informant filed this criminal appeal under Section 372 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated 31.05.2024 passed by the Special Judge, Exclusive POCSO Court-cum-Additional Sessions Judge-VI, Kaimur at Bhabhua, in POCSO Case No. 3 of 2020 arising out of Mohania P.S. Case No. 465 of 2019. The accused/private respondent was acquitted of charges under Sections 366 and 376(1) of the Indian Penal Code and Section 4 of the POCSO Act.

The prosecution's case was based on the fardbeyan of the informant dated 23.10.2019, alleging that her minor daughter aged about 16 years (date of birth 01.01.2003) was kidnapped by the accused Dharmendra Yadav @ Lalu Yadav for the purpose of marriage and was subjected to sexual assault against her will. The victim was allegedly recovered from the house of the accused at village Sidhipur. Eight prosecution witnesses were examined and the victim's statement under Section 164 Cr.P.C. was recorded during investigation.

The appellant contended that the Trial Court ignored material evidence including the victim's deposition that she was kidnapped and sexually assaulted, her recovery from the accused's house, her minority established by school records, and the medical evidence of sexual intercourse. The Additional Public Prosecutor submitted that no acquittal appeal had been filed by the State but left the matter to the Court's discretion. The High Court proceeded to consider the matter on admission.

Catchwords: POCSO Act · kidnapping · penetrative sexual assault · acquittal appeal · minor victim · age of victim · Section 164 Cr.P.C. statement · informant's appeal · Section 372 Cr.P.C.