Case Note & Summary
The case involved an appeal against the conviction of the accused under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. The appellant challenged the judgment dated 12.01.2022, where he was convicted for allegedly enticing a minor girl, marrying her, and committing sexual intercourse. The prosecution's case was based on the testimony of the victim's mother and brother, who claimed the victim was 17 years old at the time of the incident in 2015. The victim was reported missing, and a complaint was filed, leading to the investigation and subsequent arrest of the accused. The trial court relied on medical evidence and testimonies but did not establish the victim's exact age or the circumstances of the alleged marriage and sexual assault. The defence argued that the prosecution failed to prove that the accused was solely responsible for the victim's elopement and that the victim's age was not conclusively established. The High Court noted that the trial court had relied on unmarked documents and misapplied the Evidence Act, particularly in relation to the victim's age and the admissibility of the complaint. The court found that the evidence presented was insufficient to support the conviction, leading to the acquittal of the accused and the refund of any fines paid. The judgment emphasized the necessity of proving charges beyond reasonable doubt, particularly in serious offences involving minors.
Headnote
A) Criminal Law - Conviction under POCSO Act - Lack of Evidence - Protection of Children from Sexual Offences Act, 2012, Section 6 - The trial court convicted the accused based on insufficient evidence regarding the victim's age and the circumstances of the alleged offence. The High Court found that the prosecution failed to establish the age of the victim and the accused's involvement in the alleged enticement and sexual assault, leading to the acquittal of the accused. Held that the conviction was not sustainable due to lack of direct evidence (Paras 10-15).
Issue of Consideration
Whether the charges against the accused were proved beyond reasonable doubt.
Final Decision
The High Court allowed the appeal, set aside the trial court's judgment, and acquitted the accused of all charges, ordering the refund of any fine paid.
Law Points
- Conviction under POCSO Act
- Age of victim
- Evidence Act
- Burden of proof
- Presumption of innocence
