Nujaht Praveen vs The State Of Bihar

Headnote AI-drafted · Reviewed and approved

The appellant-victim preferred a criminal appeal under Section 372 CrPC challenging the judgment of acquittal dated 21.12.2023 passed by the Additional Sessions Judge-VI-Cum-Special Judge POCSO, Katihar, whereby the accused-Respondent No.2 was acquitted of charges under Sections 312, 313, 376, 504 and 506 IPC and Sections 4 and 6 of the POCSO Act. The prosecution case was that the accused had established a sexual relationship with the victim on the allurement of marriage, caused abortion of her pregnancy against her will, and later refused to marry her.

The Trial Court acquitted the accused on two principal grounds: first, that the prosecution failed to prove the minority of the victim, which is a sine qua non for invoking POCSO provisions; and second, that the allegation of rape lacked corroboration as the victim herself admitted to a consensual physical relationship with the accused and did not adequately explain the circumstances surrounding the alleged forced abortion. The High Court examined whether the acquittal judgment was perverse or wholly unsustainable, applying the settled principles that an appellate court should be slow to interfere with an acquittal and may only do so for very substantial and compelling reasons.

Following the law laid down in Surajpal Singh & Ors. v. The State (1952 SCR 193) and Ghurey Lal v. State of Uttar Pradesh [(2008) 10 SCC 450], the High Court found that the prosecution had failed to establish the allegations of rape and miscarriage beyond reasonable doubt, noting that the victim in her own statement admitted the relationship was consensual and initiated on a promise of marriage, and that the age of the victim as a minor had not been proved. The Court proceeded to assess whether interference with the acquittal was warranted on the available record.

Catchwords: appeal against acquittal · rape · POCSO · consent · promise of marriage · minority of victim · forced abortion · perversity · presumption of innocence · corroboration · appellate interference