Case Note & Summary
The appellant, Ashok @ Bhaiyya s/o Magan Koli, was convicted by the trial court under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 452 and 506 of the Indian Penal Code (IPC) for allegedly committing rape on a 16-year-old victim. The victim alleged that on 24 March 2017, while she was alone at home, the appellant entered by unbolting the back door, pulled her to an inner room, and raped her at knifepoint. She claimed he threatened her with dire consequences. The FIR was lodged on 28 March 2017, with the victim's parents citing fear of social stigma for the delay. The appellant was arrested, and medical and forensic evidence was collected. The trial court convicted him, sentencing him to rigorous imprisonment for ten years and a fine of Rs. 35,000. The appellant appealed under Section 374(2) of the Code of Criminal Procedure, 1973. The High Court examined the evidence, including the victim's testimony (PW1), medical reports, and FSL analysis. The court found the victim's testimony inconsistent and lacking corroboration. The medical examination did not confirm rape, and the FSL report did not link the appellant to the crime. The court also noted that the delay in filing the FIR, though explained, raised doubts. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant was entitled to the benefit of doubt. The appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape - POCSO Act - Benefit of Doubt - Inconsistent Testimony - The appellant was convicted under Section 6 of the POCSO Act and Sections 452, 506 IPC for allegedly raping a minor. The High Court found the victim's testimony inconsistent and lacking corroboration from medical evidence and independent witnesses. The court held that the prosecution failed to prove guilt beyond reasonable doubt, and the appellant was entitled to acquittal. (Paras 1-10) B) Evidence - Medical Evidence - Inconclusive - The medical examination of the victim did not confirm rape, and the FSL report did not link the appellant to the crime. The court noted that the absence of corroborative medical evidence weakened the prosecution's case. (Paras 5-8) C) Criminal Procedure - Appeal - Section 374(2) CrPC - The appeal against conviction was allowed, and the appellant was acquitted of all charges. The court set aside the sentence of rigorous imprisonment for ten years and fine. (Paras 1, 10)
Issue of Consideration
Whether the conviction of the appellant under Section 6 of the POCSO Act and Sections 452 and 506 IPC is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Benefit of doubt
- Inconsistent testimony
- Lack of corroboration
- Medical evidence inconclusive
- Delay in FIR explained but not fatal
- Acquittal in POCSO cases
