Case Note & Summary
The case involved an appeal against the conviction of an accused for offences under the Indian Penal Code and the Protection of Children From Sexual Offences Act. The appellant was convicted for administering drugs to a minor and committing sexual assault. The incident occurred on 14.09.2018 when the victim, a 7-year-old girl, was at her sister's house. The prosecution alleged that the accused administered pills to the victim, rendering her unconscious, and subsequently assaulted her. The victim's mother reported the incident to the police after the victim regained consciousness. The medical examination was delayed, and the mother initially did not consent to it. The trial court convicted the accused based on the testimonies of the victim and her mother, despite inconsistencies in their accounts. The defence argued that the evidence was unreliable and that the victim's age was not conclusively proven. The court scrutinized the evidence, noting procedural errors in the trial, particularly regarding the admission of the victim's birth certificate. The court found that the prosecution's evidence was insufficient to establish the charges beyond reasonable doubt, leading to the conclusion that the accused was entitled to the benefit of doubt. Consequently, the appeal was allowed, and the conviction was quashed, resulting in the acquittal of the accused.
Headnote
A) Criminal Law - Presumption under POCSO Act - Rebuttal Presumption - The presumption under Section 29 of the POCSO Act is not absolute and requires foundational facts to be established beyond reasonable doubt. The court found that the prosecution failed to establish the foundational facts necessary to invoke this presumption, leading to reasonable doubt about the accused's guilt. Held that the presumption does not automatically apply to convict the accused (Paras 21-22).
Issue of Consideration
Whether the prosecution proved the charges against the accused beyond reasonable doubt.
Final Decision
The appeal was allowed, the conviction and sentence were quashed, and the accused was acquitted of all charges. The accused was ordered to be released forthwith if not required in any other case.
Law Points
- Presumption under POCSO Act
- burden of proof
- medical evidence
- age of victim
- procedural errors
