Ranjeet Singh 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, 1973 challenging the judgment of acquittal dated 08.12.2023 passed by the Special Judge, Exclusive POCSO Court-cum-Additional District and Sessions Judge VI, Kaimur at Bhabhua, whereby Respondent Nos. 2 and 3 were acquitted of charges under Sections 363/34, 341/34, 323/34, 376D of the Indian Penal Code and Section 6 of the POCSO Act. The prosecution alleged that on 14 May 2021, the victim, aged 17 years, was forcibly taken in a car and sexually assaulted by the two accused persons at a secluded place near Kudra petrol pump, Kaimur district.

The trial court acquitted the accused on the grounds that there was no evidence to prove charges under Sections 341 and 323 IPC, that the prosecution had failed to establish that the victim was below 18 years of age at the time of the alleged offence (thereby rendering Section 363 IPC and the POCSO Act inapplicable), and that the victim's elopement appeared to be voluntary without proof of forcible compulsion or inducement by deceitful means. The appellant contended that the trial court failed to scrutinize the defence and court witnesses with due care and that the findings were perverse and contrary to the evidence on record.

The High Court undertook a meticulous evaluation of oral and documentary evidence, including school admission registers, attendance and fee registers, age determination reports, medical reports, and statements recorded under Section 164 Cr.P.C., to determine whether the impugned acquittal warranted interference. The court examined the question of the victim's age as a threshold issue going to the applicability of the POCSO Act and related IPC provisions.

Catchwords: appeal against acquittal · POCSO Act · gang rape · age of victim · Section 376D IPC · Section 363 IPC · Section 6 POCSO Act · minority of victim · age determination · school records · voluntary elopement · perversity of findings · special court · criminal appeal