Amisha Kumari v. the State of Bihar
Case brief
What is this about?
Patna High Court dismisses informant's criminal appeal (Criminal Appeal (SJ) No.258 of 2024, decided 18-06-2025, Nawneet Kumar Pandey, J) seeking additional conviction under s.376 IPC where the FIR (Kharik P.S. Case No. 302/2021, Bhagalpur) and the victim's s.164 CrPC statement contained no rape allegation and no s.376 charge had been framed or amended at trial; trial-court conviction under ss.354A/354B IPC and s.8 POCSO (POCSO Case No. 132/2021) left undisturbed. Keywords: POCSO Act, IPC 354A, 354B, 376, IT Act s.66 and 66E, CrPC s.164, charge framing, amendment of charges, acquittal, sentence enhancement, victim appeal.
What did the court decide?
Having regard to the absence of any rape allegation in the FIR and in the victim's Section 164 CrPC statement, the absence of any charge framed under Section 376 IPC, and the absence of any prayer to amend the charges at the trial stage, the court found no merit in the informant's appeal seeking additional punishment under Section 376 IPC and dismissed it.