ORDER : 1. By the Court.-Heard learned counsel for the parties. 2. Petitioner is the informant and grandfather of the victim girl, who has sought leave to appeal against the judgment of acquittal dated 13th January, 2016 passed, in SpI. (P) Case No. 16/14 by learned Court of Additional Sessions Judge-l-cum-SpI. Judge, Dhanbad, where under the sole accused/opposite' party No. 2 was acquitted of the charges under Sections 376(D) and 302 of Indian Penal Code and Section 4 of POCSO Act. 3. Informant, in his written report, alleged that his daughter and son-in-law died 12 years back and thereafter their two sons and one daughter (victim/deceased) were taken care of by him. Elder maternal grandson is aged about 25 years. second one is 20 years and victim maternal granddaughter. Pinki Kumari was 16 years of age as on 6th February. 2013. When she was studying in 10th standard at' Rajkiya Kanya Ucha Vidyalaya at about 5 pm. she went outside the house by carrying clothes in one. bucket and soap for cleaning the same and also to attend the call of nature. When she did not return by 6.30 pm. all the family members started making search for her. but could not trace her. On the next day at about 1.30 pm there was commotion that dead body of victim was lying on the stone over the heap of over burden at Selected Akashkinari. On this information. the informant and his family members went there and saw that the victim was lying dead by tying dupatta in her neck and tying payjama (leggings) on her nose and mouth. Informant claimed that Mohit Rai @ Petu aged about 19 years had committed rape on her and killed her. He had been indulging in cher-chhad (molestation) with his maternal granddaughter. which she used to object and despite making them understand by Mohallawala. but his family members extended threat stating that they were defaming his son and are muscle men kind of person. On, 6th February. 2013. in the night, Mohit Rai and his mother came to their house and extended threat. not to defame his son and intimate the police. 4. On the basis of written report of informant. FIR was registered against the sole accused being Katras P.S. Case No. 38/14 on 7th February. On, 6th February. 2013. in the night, Mohit Rai and his mother came to their house and extended threat. not to defame his son and intimate the police. 4. On the basis of written report of informant. FIR was registered against the sole accused being Katras P.S. Case No. 38/14 on 7th February. 2014 for the offences under Sections 376(D) and 302 of Indian Penal Code and Section 4 of POCSO Act. Investigating Officer submitted charge-sheet under the aforesaid sections and cognizance was taken. Charges were framed thereafter under the aforesaid provisions. The accused pleaded not guilty upon being explained of the charges and claimed to be tried. However, cognizance taking order was challenged in Criminal Miscellaneous Petition No. 1329/15 before this Court and it was quashed so it related to cognizance under Section 3/4 of POCSO Act as learned SDJM not being Special Court in terms of Section 33 of said Act, did not have jurisdiction to take cognizance of the said offence. The case was where after tried before the learned Court. 5. After conclusion of the prosecution evidence, statement of the accused under Section 313, Cr PC was also recorded. He denied his involvement and claimed to be falsely implicated. 6. During the course of trial, nine prosecution witnesses were examined to prove the charges. PW 1, Sawpan Kumar Sadak, PW 2, Prakash Bhuian, PW 3, Dhaneshwari Devi, PW 4, Suresh Kumar Bhuian, PW 5, Raju Kumar Bhuian,. PW 6, Jitan Charan Das, PW 7, Kanhaiya Ram, PW 8, Md. Shamin and PW 9, Alok Singh. Prosecution also adduced the following documentary evidence : Ext. 1- Post Mortem Report of victim. Ext. 2- Signature of PW 4 on the seizure list. Ext. 2/1- Signature of PW 5 on Seizure List. Ext. 2/2- Seizure list. Ext. 3- Written Report. Ext. 3/1 - Signature of Rajesh Bhuian or written report. Ext. 3/2- Endorsement on written report for registration of case. Ext. 4- Formal FIR Ext. 5- Carbon copy of Inquest Report. Ext. 6- Arrest Memo. 7. PW 1, Sawpan Kumar Sarak was posted as Tutor in the Department of F.M.T, P.M.C.H, Dhanbad, who conducted post-mortem exaInination on the body of the deceased. Pinki Kumari aged about 16 years identified by Constable. Surendra Prasad Singh. bearing No. 1190 and Pancham Bhuiyan. relative of the deceased and her maternal uncle. Ext. 6- Arrest Memo. 7. PW 1, Sawpan Kumar Sarak was posted as Tutor in the Department of F.M.T, P.M.C.H, Dhanbad, who conducted post-mortem exaInination on the body of the deceased. Pinki Kumari aged about 16 years identified by Constable. Surendra Prasad Singh. bearing No. 1190 and Pancham Bhuiyan. relative of the deceased and her maternal uncle. The following ante-mortem external wounds found over person of the deceased :- "(i) Legature mark with bruise-1" to 1/2" wide over and below larynix on front neck running transversely on both sides ridges of neck encircled the neck without any gap. The mark found dark brown and abrasion on margins and without any pattern. (ii) Abrasion with bruise :-(1) 21/2" x 1/2" over right side of front of neck. (2) 2-1/2" x 1/2" over under surface of chin. (3) 1/4" x 1/6" with crescentric nail mark on left side of. under surface of mandible. (4) 1/4" x 1/6" with crescentric nail mark on right side of under surface of chin, (5) 1/4" x 1/6" with crescentric nail mark on left side of under surface of chin, (6) 1" x 1/2" with nail mark on both sides inguinal region, (7) 2" x 1/2" on lower part outer side of the left arm, (8) 3" x 2" all over the vulva around the vaginal introitus. (iii) Abrasion :-(1) 1-1/2" x 1/4" on left side of forehead, (2) 1/4" x 1/4" over upper side of left eye, (3) 1/4" x 1/4" x 1/4" on both sides of cheek. (4) 2-1/2" x 1/4" on upper part back of left arm, (5) 1/2" x 1/2" on back of left elbow. (6) 1-1/2" x 1/2" on back of right elbow, (7) Multiple smalls. abrasion. of size 1/4" x 1/6" over outer part right thigh and groin. (8) 5" x 1-1/2" on back of left upper chest, (9) 12" x 10" on the back lower abdomen angluteal, (10) 1/2" x 1/2" with bruise and teeth mark crecentic in shape on both nipple. (iv) Lacerated wound :-(1) 1/4" x 1/4" muscle deep over under surface of lower lip, (2) 1/2" x 1/4" muscle deep on both sides of vaginal intriotis with laceration of hymen at 3, 9 and 6 O'clock position with blood clots all over. (v) Dried Seminal discharge found over the vulva, vaginal swab collected and examined under -microscope in which spermatozoa was found. (v) Dried Seminal discharge found over the vulva, vaginal swab collected and examined under -microscope in which spermatozoa was found. No any external foreign hairs found. (vi) On dissection-Echymosis with. blood clot found beneath scalp over left parietal region of head skull bone and meminsis found intact and brain found pale. Echymosis found on front of neck all over external structure of neck found intact and blood mixes froth found inside the trachea and larynx. Both lungs pale right ventricle of heart partially full and left empty. Stomach contained 100 cc of partially digested rice and partially fluid with no specific smell, bladder and uterus empty and all other internal- organs found pale." Time elapse since death was recorded as 36 Hours plus- minus 3 hours. According to PW 1, the cause of death was due to asphyxia as a result of strangulation. The deceased was force fully sexually violated before death. The post-mortem report was written by him and also bears his signature which was marked as Ext. -1. 8. PW 2, Prakash Bhuian was the maternal uncle of the deceased, who supported the prosecution story. In his cross-examination. he stated that the deceased was taken care of by his father and Uttam was giving tuition to her and son-in-law of the Uttam is accused of murder of Ramayan Das who resides in the vicinity of the house of his father. The witness denied the suggestion there was love relation between the accused and deceased. 9. PW 3. Dhaneshwari Devi was the maternal grandmother of the deceased, who also deposed in support of the prosecution story and further stated that in the night. mother of Mohit came to her house and told that why they were defaming Mohit. She also stated that her granddaughter used to complain that accused used to do cher-chhad (molestation) on way to school and also used to indulge in obnoxious conversation with her. She had also gone to the place where dead body was found in nude condition and blood oozing• from her' urinary passage and coal was also put in her mouth and nose and dupattci of victim was tied from eye to neck. The deceased used to tell her regarding cherkhani by the accused. However, she had not told it to the police. She had asked the mother of the accused to stop him. 10. The deceased used to tell her regarding cherkhani by the accused. However, she had not told it to the police. She had asked the mother of the accused to stop him. 10. PW 4, Suresh Kumar Bhuian was brother of the deceased, who stated that the deceased had gone to take bath and attend call of nature, but she did not return. He had gone to make search for her. Maternal grandmother had gone to the house of the accused to make query because the accused used to indulge in cher-chhad (molestation) on one and two occasions, while the deceased was going to school or pond for. taking bath. He denied, during his cross-examination, that there was any friendship or enmity with the accused. He knew the accused for the last 4-5 years. Rest of the statements relating to dead body were also corroborated by him. 11. PW 5, Raj Kumar Bhuian stated that he got information on 7th February, 2014 that rape had been committed by four persons on the deceased and she was killed. 12. PW 6, Jitan Charan Das was the informant of the present case, who deposed that on 6th February. 2014, deceased was traceless from her house after she had gone to take bath and did not return after 6 pm. They had gone to search for her. On the next date her dead body was found in ditch near Govindpur. He descrilied the stage in which the dead body was found, neck was pressed with violate and black colour clothes and black colour dupatta. Seizure-list was prepared by the Officer-in-charge, which was marked as Ext.-2/1. He also stated that his granddaughter used to complain that the accused often used to tell her obnoxious word and when she objected then the accused used to indulge in dirty talk. Thereafter. complaint was made to the mother of the accused then she extended threat. not to divulge this fact to the police station. In his cross-examination. he again reiterated that the vicuna used to tell his wife regarding cher-chhad (molestation) by the accused. He denied that there was dispute either with• the accused or his mother since earlier. 13. PW 7 Kanaihya Ram is the Investigating Officer. who had proved the endorsement on the written report by saying that it is in the handwriting and signature of Alok Singh. which is marked as Ext.-3/2. He denied that there was dispute either with• the accused or his mother since earlier. 13. PW 7 Kanaihya Ram is the Investigating Officer. who had proved the endorsement on the written report by saying that it is in the handwriting and signature of Alok Singh. which is marked as Ext.-3/2. Ext.-4 was identified as the signature of Alok Singh on.the formal FIR. He also described the place of occurrence and articles of girl like ladies chappal. ladies janghia. blue colour plastic mug and black colour duppatta etc. which were seized. Post-mortem of the deceased was done and C.D.R. of mobile was also received by him. He handed over the charge of investigation to the Officer-in-charge on his transfer. The accused was identified by him. He also reiterated the statement of the informant that. the accused. had committed the murder of his granddaughter. He categorically stated that seized articles were not sent for Forensic Science Laboratory and none of the persons from Telephone Department has been examined by him nor any paper regarding ownership of mobile number of which CDR was taken by him. 14. PW 8. Md. Shamin was Investigating Officer of the case. who took charge of investigation from Satish Kumar Sinha. He also filed the charge-sheet against the accused and kept pending investigation against 3-4 accused persons. Carbon copy of the death inquest report was proved by him as Ext.-5. 15. PW 9. Alok Singh was "the Officer-in-charge of Katras P.S. He stated that in the month of February, 2014 at about 2.30. pm. he received information that dead body was found in the ditch at Govindpur over burden. He along with S.l. and another reached place of occurrence at about. 15.00 hours in the day and death inquest report of the victim was prepared in the presence of Witness, Jitan Charan Das and Nagina Devi, which is marked as Ext. -5. He also stated that at the place of occurrence, one pair ladies sleeper, duppatta etc. were seized and seizure-list was prepared, which was marked as Ext.-2/2. The dead body was sent to P.M.C.H. for post-mortem. He also proved arrest memo of accused as Ext.-6. 16. -5. He also stated that at the place of occurrence, one pair ladies sleeper, duppatta etc. were seized and seizure-list was prepared, which was marked as Ext.-2/2. The dead body was sent to P.M.C.H. for post-mortem. He also proved arrest memo of accused as Ext.-6. 16. Learned trial Court analyzed the evidence brought on record by the prosecution and went on to categorically hold as under : "In view of ocular evidence available on record of informant (PW 6) as well as PW 2, PW 3, PW 4, PW 7, PW 9, Death Inquest report (Ext. 5), medical evidence available on record I am of considered view that prosecution has able to prove the death of deceased Pinki Kumari as homicidal. and was due to asphyxia as a result of strangulation and after looking at injuries on private part of the deceased and also the fact that dried seminal discharge over the vulva and spermatozoa on swab collected were found, I am of considered view that prosecution has also able to prove that prior to strangulation of deceased, she was forcefully sexually assaulted." 17. Thereafter, it proceeded to further scrutinize the circumstantial. evidence to arrive at a finding whether the chain of circumstances pointed out to the guilt of the accused or not? Upon analysis of the evidence of the prosecution and after discussion of the several judgments on the point, it came to the conclusion that the prosecution had brought only two circumstances to connect the accused with the crime. First being, that the accused. was doing cher-chhad (molestation) with the deceased and dirty talk prior to the incident and second that on the date of incident, the accused and his family extended threat in the night to the family members. of the deceased. Learned trial Court did not find enough circumstantial evidence beyond these to indict the accused of the offence of rape. Trial Court was of the view that no complaint was made regarding cher-chhad by. the accused nor any panchyati was convened and grandmother of the deceased. did not make any complaint either to her husband regarding cher-chhad by the accused. According to learned trial Court, PW 2 was the maternal uncle of the deceased though was suggested about love relation between the accused and the deceased, but this fact was denied by PW 2. the accused nor any panchyati was convened and grandmother of the deceased. did not make any complaint either to her husband regarding cher-chhad by the accused. According to learned trial Court, PW 2 was the maternal uncle of the deceased though was suggested about love relation between the accused and the deceased, but this fact was denied by PW 2. Apparently none of the witnesses had ever seen about cher-chhad, therefore, their evidence falls in the category of hearsay evidence. The other incriminating circumstances relating to threat by the accused as well as his mother in the night on the date of incident has also not been taken to be confirmatory evidence to establish and connect the accused with the crime. According to learned trail Court, there was no evidence available on record to connect the accused with the offence where the victim of very tender age has been sexually assaulted and throttled to death. Learned Court made adverse comments against the investigating agency as it failed to bring on record enough material evidence during investigation. The Investigating Officer had also not taken the confessional or disclosure statement of the accused despite knowing the fact that the case which he was investigating is based on circumstantial evidence and as such, the clue from the accused might have been unfolded the case further. Though the post-mortem report revealed that dried seminal discharge was found over the vulva, vaginal swab was. collected and microscopic examination revealed presence of spermatozoa. despite that I.O. had not taken any pain after the arrest of accused to take either semen or blood sample of the accused which could be sent to Forensic Science Laboratory for scientific test and could have helped the prosecution. CDR of Mobile referred to by the I.O. was also not brought on record during trial. Based on the aforesaid analysis. learned trial Court found no option rather than to hold that prosecution has miserably failed to brought on record the complete chain of circumstances which could conclusively indicate the culpability of the accused for the offence, which he was charged. Accordingly. the accused stands acquitted. 18. Learned counsel for the petitioner has laboured to dissect the evidence on record and dislodge the findings of learned, trial Court on' the culpability of the accused of such serious offence; According to him, learned trial Court. Accordingly. the accused stands acquitted. 18. Learned counsel for the petitioner has laboured to dissect the evidence on record and dislodge the findings of learned, trial Court on' the culpability of the accused of such serious offence; According to him, learned trial Court. had reason to believe the factum of rape and death of the deceased but in spite of sufficient evidence from the mouth of grandmother. PW 3 and other prosecution witness about the acts of the accused. had disbelieved the prosecution story and acquitted the accused, of the charges. The evidence on record- on analysis in appeal would be sufficient to bring home the charges against the accused persons. Therefore. leave to appeal may be granted. 19. Learned counsel for the opposite party No.2 has defended the impugned judgment. He submits that as a matter of fact apart from two circumstances noted by the learned Court below, there is nothing in the evidence of prosecution witness to nail the appellant of such serious charge of rape upon a minor girl. Learned trial Court' has also adversely observed against the investigating agency as it had not brought on record any material evidence to complete the chain of circumstances which could have pointed out to the guilt of the accused. In such circumstances, no useful purpose would be served by allowing leave to appeal to the petitioner to challenge the impugned judgment. The impugned judgment is well reasoned and does not deserve an interference. 20. We have considered the submission of learned counsel for the parties and gone through the impugned judgment as also the relevant material evidence referred to by counsel for the parties, discussed hereinabove. Having gone through the materials on record and the findings. of learned trial Court on both counts, one quoted above and other in relation to chain of circumstances connecting the accused with crime, we are of the considered view that the case deserves to be considered by the appellate Court on the basis of the entire material evidence adduced during trial. We, however, refrain from expressing any opinion on the merits of the case as it might prejudice the case of the parties before the appellate. Court. Leave to appeal is therefore granted. Accordingly, the instant petition-is allowed. Petition allowed.