This is appeal against the acquittal filed by the
complainant under the provisions of Section 378(4) of the
Cr.P.C.
2. It appears from the record that leave to file the
appeal was granted by this Court vide order, dated 17.01.2025.
3. This is an appeal against an order dated
17.05.2023 of acquittal passed by the learned Additional District
Patna High Court SLA No.22 of 2023(7) dt.06-08-2025
and Sessions Judge-VI-cum- Special Judge POCSO Act,
Begusarai in POCSO Case No. 81 of 2018.
4. One Vijay Soni lodged a complaint before the
learned Special Judge under the POCSO Act which was
registered as Complaint Case No. 81 of 2018 against the
accused/opposite parties alleging, inter alia that on 11.09.2018
at about 8 P.M., the accused persons, named as opposite parties,
came to the house of the complainant. Some of the accused were
standing on the veranda of the house of the complainant, while
accused Prince Kumar and Sujeet Kumar entered into the room
of the complainant where his minor girl aged about 15 years, at
the relevant point of time, was studying. The said two accused
persons with bad intention caught hold of the minor daughter of
the complainant and with a view to kidnapping her forcibly
pulled her away. The daughter of the complainant tried to resist
them but failed. When she was resisting, accused Prince Kumar
caught hold of her waist from behind and forcibly tried to take
her away. When the complainant raised hue and cry and
protested, accused Saurabh Kumar brandished a pistol towards
the complainant and threatened him to kill. The family members
of the complainant tried hard to resist Prince and Sujeet.
Hearing their hue and cry, local people assembled at the place of
Patna High Court SLA No.22 of 2023(7) dt.06-08-2025
occurrence and on seeing them, the accused persons fled away
from the spot. It is also stated by the complainant that accused
Prince Kumar, and another person previously kidnapped the
victim girl and on the basis of a complaint made by the
complainant, Nagar P.S. Case No. 347 of 2018 under Section
366A/34 of the IPC and Sections 7 & 8 of the POCSO Act was
registered against them. They were threatening the complainant
and their family members continuously to withdraw the said
case, and as the complainant did not withdraw the said case, the
accused persons committed the offence on 11.09.2018.
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