Patna High Court Upholds Acquittal in POCSO Case Due to Lack of Conclusive Evidence

Court dismisses appeal, citing prosecution's failure to prove victim's minority and delays in FIR filing.

In a significant judgment, the Patna High Court has upheld the acquittal of an accused in a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The judgment was delivered by Justice Alok Kumar Pandey, who dismissed the criminal appeal filed against the acquittal judgment of the Additional Sessions Judge - VI, Patna.

The appellant had challenged the trial court's decision which acquitted the accused of charges under Sections 354 and 354A of the Indian Penal Code (IPC) and Sections 8 and 12 of the POCSO Act. The case revolved around an alleged incident where the accused purportedly showed an obscene video to a minor and threatened her. However, the trial court found significant gaps in the prosecution's case.

A critical point of contention was the determination of the victim's age. The appellate court noted that the prosecution failed to provide conclusive proof of the victim's minority, a requirement under the POCSO Act, which necessitates evidence through school records or medical examination. The investigating officer admitted to relying on a photocopy of a birth certificate without proper verification, which weakened the prosecution's stance.

Moreover, the High Court emphasized the importance of timely FIR filing in criminal cases. The delay of four days in lodging the FIR raised questions about its authenticity, as no satisfactory explanation was provided by the prosecution. Discrepancies in the testimonies of key witnesses further weakened the prosecution's case, with the court noting contradictions between statements made during the trial and those recorded earlier under Sections 161 and 164 of the Criminal Procedure Code.

The court reiterated the principles governing appeals against acquittals, emphasizing that an appellate court should only overturn a trial court's acquittal if the judgment is found to be perverse or based on a misreading of evidence. In this case, the Patna High Court concluded that the trial court's view was plausible and supported by the evidence on record, thus not warranting interference.

The judgment highlights the judiciary's cautious approach in dealing with appeals against acquittals, reaffirming the principle of double presumption of innocence in favor of the accused. The decision underscores the prosecution's burden to establish guilt beyond a reasonable doubt, particularly in sensitive cases involving minors.

Bottom Line:

Appeal against acquittal in a POCSO case - Prosecution failed to prove beyond reasonable doubt the victim's age as a minor and other key elements of the case - Trial court's view held plausible and not perverse, leading to dismissal of the appeal.

Statutory provision(s): 

- Indian Penal Code, Sections 354, 354A

- Protection of Children from Sexual Offences Act, 2012, Sections 8, 12

- Criminal Procedure Code, Sections 161, 164, 313, 378

- Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94

XXXXXXXXX v. State of Bihar, (Patna) : Law Finder Doc Id # 2809512