Nirwa Devi v. The State of Bihar
Case brief
What is this about?
Scope of revisional jurisdiction vis-a-vis dismissal of a complaint under Section 203 CrPC; two-views doctrine (trial court's possible view bars High Court interference) relying on Union of India v. Prafulla Kumar Samal, AIR 1979 SC 366; contradictions and inconsistencies in enquiry witnesses' statements; inconsistent stand on medical examination of victim girl; absence of injuries on victim and complainant; allegation of false implication; POCSO Special Judge, Purnea; Complaint Case No. 1372 of 2019 / PS Case No. 1372 of 2019, Purnia; Nirwa Devi v. State of Bihar & Ors.; Patna High Court CR. REV. No.173 of 2022; decided 07-10-2025; NAFR.
What did the court decide?
On perusal of the record, the learned trial court did consider the evidence of the enquiry witnesses and took note of their contradictory statements, recording findings of numerous contradictions and inconsistencies therein, an inconsistent stand of the witnesses on the medical examination of the victim girl, and the fact that neither the victim nor the petitioner received any injury.