The Bombay High Court overturned the conviction of the appellant for charges under Sections 448 and 376(2)(i) of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act. The court found several inconsistencies in the testimonies of the victim and key witnesses, raising doubts about their credibility. Additionally, the court criticized procedural lapses, including the improper handling of crucial evidence such as the victim's birth certificate. Due to these factors, the court ruled that the prosecution failed to prove the guilt of the accused beyond a reasonable doubt and granted the appellant the benefit of the doubt, leading to his acquittal.

Background:

The case involves an appeal by Manohar S/o Tikaram Kapgate challenging the judgment passed by the Additional Sessions Judge, Gadchiroli, which convicted him of sexual assault under the IPC and POCSO Act. The appeal was heard in the Bombay High Court, Nagpur Bench.

Facts of the Case:

The incident allegedly occurred on October 28, 2017, when the victim, a minor, was home alone. The accused allegedly entered her house, restrained her, and committed sexual assault. The victim reported the crime to the police the following day.

Court's Analysis:

1. Inconsistencies in Testimonies: The court found several discrepancies between the statements made by the victim and witnesses during the trial and the initial report. This included contradictions regarding the sequence of events and the description of the accused's actions.

2. Lack of Corroborating Evidence: The medical evidence presented did not conclusively prove the occurrence of rape, and there were no concrete findings to support the prosecution's claims. The CA reports on the clothing and articles also did not provide corroboration.

3. Procedural Irregularities: The court observed that the birth certificate of the victim, crucial to establishing her age, was not part of the original charge sheet and was improperly admitted during the trial. The court also noted the improper triggering of the presumption under Section 29 of the POCSO Act without sufficient foundational facts.

Court's Conclusion:

The High Court concluded that the inconsistencies and lack of evidence created reasonable doubt regarding the guilt of the accused. As a result, the court acquitted Manohar S/o Tikaram Kapgate, stating that the prosecution failed to prove the charges beyond a reasonable doubt.

Order:

The appeal was allowed, and the previous conviction was set aside. The appellant was ordered to be released from jail immediately if not required in any other case.