The court overturns trial court's conviction citing unreliable school records and lack of independent evidence to establish the victim's minority status.
In a significant judgment delivered by the Delhi High Court, Anarhul Haque, previously convicted by a trial court for charges under Section 376(1) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, has been acquitted. The High Court found that the prosecution failed to provide conclusive evidence regarding the age of the victim, which was critical to substantiating the charges.
The case stemmed from allegations that Haque had kidnapped and sexually assaulted a minor between October 2014 and July 2015. The trial court had convicted him based on school records indicating the victim's age as below 18 years. However, the High Court, presided over by Justice Chandrasekharan Sudha, noted significant discrepancies in the evidence presented regarding the victim's age.
The judgment highlighted that the school records, which were the primary basis for determining the victim's age, were admitted to be inaccurate by the victim's father. He confessed that he had intentionally reduced her age to facilitate her school admission. This crucial admission weakened the prosecution's case, as the age of the victim is a determining factor in charges under the POCSO Act.
The court further noted that no independent evidence, such as a birth certificate or a medical examination, was presented to corroborate the claims made by the school records. The absence of such evidence led the court to conclude that the prosecution had not established beyond reasonable doubt that the victim was a minor at the time of the incident.
Justice Sudha also observed that the relationship between the accused and the victim appeared consensual, as evidenced by the victim's testimony. The victim, in her statements and testimony, had expressed her voluntary involvement with Haque, which further complicated the prosecution's case.
The High Court's decision underscores the importance of reliable evidence in cases involving serious charges under the POCSO Act. It also serves as a reminder of the due process rights of the accused, emphasizing that convictions must be based on conclusive and credible evidence.
The judgment has significant implications, particularly in how courts address discrepancies in documentary evidence related to age in POCSO cases. It also highlights the judicial scrutiny applied to ensure that convictions are not based solely on flawed or inconsistent records.
As a result of the acquittal, Anarhul Haque has been released, with the court setting aside the trial court's judgment and cancelling his bail bond. The decision marks a pivotal moment in the ongoing discourse around legal standards of evidence and the protection of rights within the criminal justice system.
Bottom line:-
The trial court's conviction under Section 376(1) IPC and Section 6 of the PoCSO Act was set aside due to insufficient evidence establishing the age of the victim as below 18 years, and discrepancies in the school records used for determining age.
Statutory provision(s):
Indian Penal Code Section 376(1), Protection of Children from Sexual Offences Act Section 6, Criminal Procedure Code Section 232, Indian Evidence Act Section 35, Criminal Procedure Code Section 235(1), Criminal Procedure Code Section 154.
Anarhul Haque v. State, (Delhi) : Law Finder Doc id # 2937365
