1. Background:

The appellant, Sikandar Somsingh Chavhan, was convicted for rape under Section 376(2)(l) IPC and Sections 3, 4, 5(k), and 6 of the POCSO Act. The alleged victim, a minor deaf and mute girl, claimed to have been sexually assaulted during a village function in April 2018. The appellant was sentenced to ten years imprisonment but challenged the conviction.

2. Main Points Discussed:

A. Evidence on Victim’s Age

• Birth records and school admission registers placed the victim's age below 18 years.
• However, inconsistencies in records raised doubts about the reliability of this evidence.

B. Delayed Reporting

• The incident occurred on April 18, 2018, but was reported on April 21, 2018.
• Delay, though explainable in sensitive cases, was compounded by procedural lapses.

C. Lack of Medical Corroboration

• Medical examination showed no signs of recent sexual assault or physical injuries.
• The absence of injuries on both the victim and accused undermined the prosecution’s case.

D. Procedural Lapses

• The victim’s statement was not recorded under Section 164 CrPC.
• Initial statements were delayed and relied on parental interpretation, raising concerns of possible tutoring.

E. Presumption Under Section 29 of POCSO Act

• The court clarified that the presumption of guilt requires solid foundational facts, which were not established.

3. Final Decision and Ratio:

• The court noted inconsistencies, lack of direct or circumstantial evidence, and procedural deficiencies, leading to the conclusion that the prosecution had failed to prove guilt beyond a reasonable doubt.
• The statutory presumption under Section 29 of POCSO could not apply without foundational evidence.
• The appellant was acquitted and released.

Relevant Acts and Sections Discussed

• Indian Penal Code (IPC):

  • Section 376(2)(l): Punishment for rape in specific circumstances.

• Protection of Children from Sexual Offences (POCSO) Act, 2012:

  • Section 3, 4, 5(k), and 6: Pertains to penetrative sexual assault and aggravated cases involving minors.
  • Section 29: Presumption of guilt, rebuttable upon reasonable doubt.

Subjects:

POCSO Acquittal, Evidence Gaps, Procedural Lapses, Presumption of Guilt, Sexual Assault, Indian Penal Code, Delay in FIR Filing.