Virender Singh, C.J. - (1.) The judgment of acquittal in S.T. No. 268 of 2002, whereby the sole accused namely, Vijay Oraon has been acquitted of the criminal charges framed against him, has been challenged both by the State and the informant-victim; Acquittal Appeal No. 41 of 2003 has been filed by the State and Criminal Revision No. 835 of 2003 has been preferred by the informant-victim.
(2.) Written report of the informant, on the basis of which Ghaghra P.S. Case No.72 of 2002 was registered under Section 376 IPC against the respondent-accused, discloses that on 03.10.2002 at about 8 a.m. when she had gone to Thathia Pahar with Dulari Kumari and Sanju Kumari for wooden logs, one boy named, Vijay Oraon of village-Porha who was grazing cattle in the forest came there and forced her into the bushes. He put her down there and committed rape. When she cried both of her friends came there, whereupon the accused threatened them and fled away. When she informed her mother and other villagers, they asked her not to lodge a case and a panchayati was held in the village in which the elder brother of Vijay Oraon was called, however, he did not accept the suggestion of panchayat. The informant claimed that thereafter, the villagers instructed her to lodge a case with the police. On the basis of her written report dated 10.10.2002, Ghaghra P.S. Case No.72 of 2002 was registered on 10.10.2002, against Vijay Oraon for the offence under Section 376 IPC.
(3.) After investigation, the case as lodged by the informant was found true and accordingly, charge-sheet was submitted against the accused for the aforesaid offence. During the trial, the prosecution examined 11 witnesses and written report, formal FIR, injury report etc. were produced and proved by the prosecution. The accused also proved the certified copy of FIR of Ghaghra P.S. Case No.70 of 2002 dated 09.10.2002 and certified copy of bail order in Ghaghra P.S. Case No.70 of 2002 dated 24.10.2002. On an appreciation of the entire prosecution evidence, the trial court came to record a finding that the prosecution has failed to prove the offence of rape upon the victim. On the point of identification of the accused, the trial court held that it was highly doubtful.;