Dhanbad POCSO Court: A Single-Judge Bench of Prabhakar Singh, J., in Special Court under Protection of Children From Sexual Offences Act, 2012 (“POCSO Act”), acquitted the accused persons from charges under Sections 376-AB and 376-DB read with Section 109 of Penal Code, 1860 (“IPC”) and Sections 6 and 17 of POCSO Act, and said that the prosecution’s case remained doubtful, thus benefit of doubt was given to the accused persons.
In the matter at hand, the informant’s daughter (victim aged about 8 years after going to School was regularly bought home by her father due to ill health This kind of information was given by her teacher about 10-12 times. The victim child complained of stomachache along with sensation in her urinary tract and refused to go to school. Upon inquiry she said that the nurse of the school used to give her some medicine that made her sleep and she felt that something was done in her way of urination. Subsequently, the informant made an inquiry in a secret manner and came to know that rape and unnatural offence was committed against victim child in connivance with the nurse, class teacher, vice principal and others. Accordingly, case was registered under POCSO Act and charges were framed against accused no. 1 under Sections 376-AB read with Section 109 of IPC along with Sections 6 and 17 of POCSO Act and accused no. 2 was charged under Sections 376-AB, 376-DB of IPC and Section 6 of POCSO Act.
Considering the victim’s statement before the investigating officer under Section 161 of Code of Criminal Procedure, 1973 (‘CrPC’) the Court said that victim has given her statement for the first time in Court under Section 164 of CrPC that:
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She was called in sick room and sometimes accused no. 1 used to take her,
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accused no. 2used to cause her to lay on bed and
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This happened several times with her.
The Court said that the victim’s statement appeared truthful on the points that whenever she became ill, after taking permission of her class teacher, she used to go in sick room. In her semi-unconscious condition, she started feeling that someone was removing her undergarments and was penetrating finger in her anus. Further, the Court stated that evidence of victim child that accused no. 1called her in sick room and sometimes picked her up , along with the statement that accused no. 2 used to lay her on bed was improvement and addition. Further, evidence of the informant that victim child had told that both the accused persons used to threaten her, administered some medicine to her and after removing her undergarment did bad work with her in her urethra, was without any basis and was based on suspicion and assumptions
The Court said that evidence of victim child on material points was based on her feelings, suspicion and it suffered from additions and improvements, thus it is not trustworthy and failed to inspire the confidence of the Court.
Further, it said that, as the allegation of informant that rape, and unnatural offence has been committed against the victim in connivance with the nurse, class teacher, vice principal and others could not be established. Therefore, the prosecution case against accused persons was doubtful.
Thus, benefit of doubt was given to the accused persons, and they were acquitted from their respective charges. They were also relieved from all liabilities of their respective bail bonds.
[State of Jharkhand v Emerencia Lomga 2023 SCC OnLine Dis Crt (Jhar) 1, decided on 29-03-2023]
Advocates who appeared in this case :
Counsel for the Informant: Advocate Anil Kumar Singh;
Counsel for the Accused: Advocate S.A. Malik.