Annexure - I

In the Court of Additional Judicial Commissioner – IV -cum- Special Judge

POCSO, Ranchi

Present:- Asif Equbal, A. J. C. - IV -cum-

Special Judge POCSO, Ranchi

Dated:-13th March, 2024

District – Ranchi

POCSO Case No. - 134/2023

CNR No. - JHRN01-012775-2023

(Arising out of Chanho P. S. Case No.119/2023)

(U/sections 376(2)(n) and Section 4 of POCSO Act)

Prosecution State (through informant/ victim)

Represented By
Smt. Pushpa Sinha, Ld. Special P. P. I/C
(Counsel for the State)

1. Sabbir Ansari, aged about 25 years,

S/o Vashir Ansari (A1)
Accused
R/o - Village Pandri, P.S. - Chanho,
District- Ranchi.

Represented By
Sri Kedar Sahu, Ld. Advocate (For A1)
(Counsel for the Defence)

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 Annexure – II

Date(s) of Offence From year 2021 to year 2023

Date of FIR 10.08.2023
Date(s) of Chargesheet 07.10.2023
Date(s) of Framing Charges 02.12.2023
Date of Commencement of evidence 12.01.2024
Date of Judgment is reserved 11.03.2024
Date of the Judgment 13.03.2024
Date of Sentencing Order, if any N/A

Accused Details :-

Rank of Name of the Date of Date(s) of Offences Whether Sentence Period of

the Accused Arrest Released charged Acquitted Imposed Detention
Accused on Bail with or Undergone
No Convicted during Trial
for purpose
of Section
428, Cr.P.C

U/sections
376(2)(n)
and
A1 Sabbir Ansari 11.08.23 -- Acquitted N.A. N.A.
Section 4
of POCSO
Act

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 Annexure – III

List of Witnesses :-

A. Prosecution Witness :-

Rank Name Nature of Evidence

(Eye Witness, Police Witness, Expert Witness, Medical Witness,
Panch Witness, other witness)

PW1 Informant/ Victim Eye witness

PW2 Mother of victim Other Witness
PW3 Father of victim Other Witness

B. Defence Witness :-

Rank Name Nature of Evidence

(Eye Witness, Police Witness, Expert Witness, Medical Witness,
Panch Witness, other witness)

NIL NIL

List of Exhibits :-

A. Prosecution Exhibit(s):-

Sr. No. Exhibit Number Description

1 Exhibit P-1 Written report
2 Exhibit P-2 & P-2/1 Signature of victim on her statement u/s 164 Cr.P.C

B. Defence Exhibit(s):

Sr. No. Exhibit Number Description

NIL NIL

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 JUDGMENT

1. The above named accused person is facing trial for the

offence u/s. 376(2)(n) and Section 4 of POCSO Act for the occurrence
occurred at the house of victim situated at village - Pandri, P.S. - Chanho,
District - Ranchi from the year 2021 to year 2023. The name of the victim
and her family are not disclosed herewith to save the identity of the victim.
2. The prosecution case, in brief, is that informant/ victim
given a written report to the Officer In-charge, Chanho PS on 10.08.2023
and stated therein that in course of her study in Class IX the accused
Shabbir Ansari enticed and made friendship with her and thereafter he
gifted mobile phone to her and they started to talk with each other. It is
further alleged that in the year 2021 the accused came to her house at that
time no any family member was present and find her alone then accused
forcibly established physical relation with her. Thereafter, he given
threatening to defame her in the society and several times he established
physical relation with victim and due social prestige she did not disclose the
matter to anyone. It is further alleged that in these period accused
pressurized to her then anyhow she disclosed the matter to her family and
she given written report to police station and requested to take legal action
against the accused.
3. On the basis of written report of the informant Chanho
Police instituted a case vide Chanho P.S. Case No. 119/2023 u/s 376(2)(n),
506 of IPC and Section 4/ 6 of POCSO Act against accused above named.
I.O investigated the case and found the case true and submitted charge sheet
u/s 376(2)(n), 506 of IPC and Section 4/ 6 of POCSO Act against accused
and cognizance has been taken on 07.10.2023 u/s 376(2)(n), 506 of IPC and
Section 4/ 6 of POCSO Act by this court.
4. After supply of police paper, charges were framed
against accused on 02.12.2023 u/s 376(2)(n) and Section 4 of POCSO
Act, charges were explained to him in Hindi to which he pleaded not guilty
and claimed to be tried.
5. Thereafter, the prosecution has adduced his evidence
and after closer of prosecution evidence, statement of the aforesaid accused
person was recorded U/s 313 of Cr.P.C. on 06.03.2024 to which he denied

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 to commit alleged offence and taken plea of his innocence and further
claimed to be falsely implicated in the present case.
6. The defence has not brought any oral or documentary
evidence.
7. The only point for determination in this case is that
whether the prosecution has been able to prove and establish its case
against the aforesaid accused beyond shadow of all reasonable doubts or
not?
FINDINGS
To prove its case prosecution has produced altogether three witnesses,
in support of its case.
8. P.W.1, informant/ victim has stated in her
examination-in-chief that this occurrence was occurred in August, 2023 and
this case was filed by her. She has stated that she used to talk with Sabbir
Ansari and thereafter he took money from her on pretext of marriage.
Thereafter, he denied for marriage and when she demanded money from
him then he refused to return money and he was not committed any wrong
with her. On her identification the written report which bears her signature
has been marked Ext.P-1. After filing of the case her medical examination
was done. Thereafter, her statement was recorded before the Magistrate and
on her identification her signature on her statement u/s 164 Cr.P.C. has been
marked Ext.P-2 and P-2/1. The witness identified to the accused before the
court who was produced through video conferencing. She has been declared
hostile on the prayer of prosecution.
In her cross examination she has stated that there was
friendship with Sabbir and during course of friendship he took money from
this witness and when she demanded her money then he did not pay and
then he told this fact to the villager and at the behest of villager she had
filed this case. Sabbir Ansari was not committed any wrong with her. She
did not get money which the accused has taken and the father of Sabbir
Ansari is ready to return her money.
9. P.W.2, mother of victim has stated in her examination-
in-chief that when this case was filed then she came to know about the
occurrence. Her victim/ daughter was going to School and victim became
friendship with accused and this witness does not know what was happened

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 with victim. The witness failed to identify to the accused person before the
court who was produced through video conferencing. She has been declared
hostile on the prayer of prosecution.
In her cross examination she has stated that she was not seen
the occurrence thus she does not know about the offence. The police has
never recorded her statement.
10. P.W.3, father of victim has stated in his examination-
in-chief that this occurrence is of last year at the time of rainy season and it
was time to plant paddy and his daughter told to him that Sabbir has taken
money from her and he does not know anything else. His statement was not
recorded by police. The witness identified to the accused before the court.
On the prayer of prosecution this witness has been declared hostile.
In his cross examination he has stated that he does not know
about the occurrence and police has never recorded his statement.
11. Learned defence counsel argued that victim P.W.1 has
not supported the case and other witnesses P.W.2 & P.W.3 parents of victim
have also not supported the case of prosecution and there is no document
produced by the prosecution regarding the age of the victim and he prayed
to kindly acquit the accused.
12. Ld. Special P.P. conceded this fact that victim and her
parents have not supported the case of prosecution.

13. In instant case three witnesses have been produced on

behalf of prosecution. P.W.1 victim has not supported the case as per FIR
and she has stated that the accused was not committed any wrong with her
and no offence was occurred with her and she was given her statement u/s
164 Cr.P.C. at the behest of villager and there was dispute with accused
regarding return the money to victim which he had taken from her. P.W.2
and P.W.3 parents victim have also not supported the case of prosecution
and they have nothing stated regarding the occurrence of sexual assault
committed with the victim in their deposition and the evidence of these
witnesses are contradictory with the FIR and no independent witness
supported the case of prosecution. The doctor and I.O. have not come
before the court. There is no document produced by prosecution regarding
date of birth of victim and the prosecution has also not established that the

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 victim is child as per Section 2(d) of POCSO Act. There is no sufficient
evidence has come on the record to hold guilty to the accused person.

14. Considering the above facts and discussions, I come to

the conclusion that the prosecution has failed to prove the charge against
the accused person beyond all reasonable doubt. In the result accused
Sabbir Ansari is hereby not found guilty for the offence u/s. 376(2)(n) and
Section 4 of POCSO Act and he is hereby acquitted for the offence charge
U/s 376(2)(n) and Section 4 of POCSO Act. Accused is in custody hence
O/c is directed to issue release order at once.

Judgment pronounced by me in open Court, signed, sealed and delivered on

13th March, 2024.

(Dictated & Corrected by me)

Sd/- Sd/-
(Asif Equbal) (Asif Equbal)
A.J.C. – IV –cum- A.J.C.-IV –cum-
Special Judge POCSO Special Judge POCSO
Ranchi Ranchi
(13.03.2024) (13.03.2024)

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