Court dismisses State's appeal citing lack of admissible evidence and hostile testimony from the victim.
In a significant judgment, the Gujarat High Court has dismissed the State's appeal against the acquittal of Rasikbhai @ Kaushikbhai Havsingbhai Garasiya, who was accused of repeated sexual assault on a minor under the Protection of Children from Sexual Offences (POCSO) Act and other charges. The division bench, comprising Mr. Ilesh J. Vora and R. T. Vachhani, JJ., upheld the trial court’s decision, emphasizing the absence of legally admissible evidence and the victim's hostile stance during the trial.
The case revolved around allegations that the accused had repeatedly raped a minor, resulting in her pregnancy and subsequent miscarriage. Despite the serious nature of the charges, the High Court found that the prosecution's case was severely undermined by the victim’s denial of any sexual relationship, pregnancy, or miscarriage caused by the accused. The victim, during her testimony, admitted to a romantic relationship with the accused but refuted the allegations of sexual assault.
A critical aspect of the case was the inadmissibility of the DNA Profiling Report. The court highlighted that the report could not be accepted as evidence because the scientific expert responsible for the DNA analysis was not examined in court. The mere exhibition of the report through the Investigating Officer was deemed insufficient, as established in prior judgments, including the Supreme Court's ruling in Rahul v. State of Delhi (2023).
The High Court reiterated the principles guiding appellate interference in acquittal cases, noting that it should only occur in exceptional circumstances where judgments are perverse. The presumption of innocence is bolstered by acquittal, and the trial court's findings were neither perverse nor unreasonable based on the evidence presented.
The State, represented by learned Additional Public Prosecutor Mr. L. B. Dabhi, argued that the trial court failed to appreciate the medical evidence and the minor status of the victim, which nullifies any consent. However, the High Court found that without the victim's support and admissible scientific evidence, the prosecution failed to establish the accused's guilt beyond a reasonable doubt.
In conclusion, the High Court dismissed the appeal at the admission stage, affirming the trial court's acquittal and underscoring the necessity for robust and admissible evidence in criminal prosecutions.
Bottom Line :
Appeal against acquittal in POCSO and rape case dismissed - Though victim was admittedly minor and had relationship with accused, victim turned hostile and denied sexual relations, pregnancy by accused and miscarriage at his instance - DNA Profiling Report held inadmissible as scientific expert who conducted test was not examined and mere exhibition through Investigating Officer was insufficient - In absence of legally proved scientific evidence and reliable substantive evidence, trial court's acquittal was a possible and reasonable view not warranting interference.
Statutory provision(s): Bharatiya Nagrik Suraksha Sanhita, 2023 Section 419, Bharatiya Nyaya Sanhita, 2023 Sections 64(2)(m) and 89, Protection of Children from Sexual Offences Act, 2012 Sections 4 and 6.
