Accused convicted for unlawful confinement, physical assault, sexual abuse of minor under POCSO and Witchcraft Prevention Act; conviction under Section 307 IPC overturned due to lack of evidence of intent to cause death.
In a significant judgment delivered on October 5, 2026, the Jharkhand High Court, presided over by Mr. Rajesh Kumar, J., partially set aside the conviction of Md. Wahid @ Md. Abdul Wahid @ Abdul Wahid, who was earlier convicted by the Special Judge POCSO, Chatra, for multiple offences including attempt to murder under Section 307 IPC. The accused was facing charges related to the torture and sexual assault of a minor girl under the Protection of Children from Sexual Offences (POCSO) Act and the Witchcraft Prevention Act.
The case originated when the 14-year-old victim fell ill and the accused, Md. Wahid, promised to cure her through "jhaar-phoonk" - a traditional ritual. The prosecution alleged that the accused confined the victim in a room, tortured her physically by burning her with candles and incense sticks, and subjected her to sexual assault. The victim and her family testified to these allegations, supported by medical and police reports. The police investigation confirmed the presence of burnt matchsticks and incense sticks at the place of occurrence.
The trial court had convicted the accused under Sections 341 (wrongful restraint), 342 (wrongful confinement), 323 (causing hurt), 324 (causing hurt by dangerous weapon), and 307 (attempt to murder) of the Indian Penal Code (IPC), Section 8 of the POCSO Act (sexual assault of a minor), and Sections 3 and 4 of the Witchcraft Prevention Act, sentencing him to various terms of imprisonment ranging from one month to six years.
However, on appeal, the High Court scrutinized the evidence concerning the attempt to murder charge under Section 307 IPC. It was held that mere proof of injuries is insufficient to sustain a conviction for attempt to murder unless the prosecution establishes the essential ingredients - namely, the intention or knowledge to cause death and the commission of injuries of such a nature that would ordinarily result in death.
The court observed that neither the prosecution's narrative nor the medical evidence demonstrated the presence of any such intention or injury that could attract Section 307 IPC. The accused was not even questioned under Section 313 Cr.P.C. regarding such intent during the trial, which was a procedural lapse. Consequently, the conviction under Section 307 IPC was set aside.
Nonetheless, the court upheld the convictions under Sections 341, 342, 323, 324 IPC, Section 8 of the POCSO Act, and Sections 3 and 4 of the Witchcraft Prevention Act, holding the accused guilty of unlawful restraint, confinement, physical assault, sexual abuse of the minor victim, and acts related to witchcraft practices causing harm.
Considering that the accused had already undergone custody for over four years, which exceeded the maximum sentence prescribed for the upheld offences, the court directed his immediate release if not required in any other case.
This judgment underscores the judiciary's commitment to protecting minors from sexual abuse and unlawful practices while ensuring that convictions are grounded in legally established evidence regarding the intent and nature of injuries.
Bottom Line:
Penal Code, 1860, Section 307 - Mere proof of injuries is not sufficient to sustain conviction for attempt to murder unless prosecution establishes necessary ingredients such as intention or knowledge to cause death and injury of such nature attracting Section 307 - Conviction under Sections 341, 342, 323, 324 IPC, Section 8 of POCSO Act and Sections 3/4 of Witch Craft Prevention Act upheld, but conviction under Section 307 IPC set aside.
Statutory provision(s): Indian Penal Code Sections 341, 342, 323, 324, 307; Protection of Children from Sexual Offences Act Section 8; Witchcraft Prevention Act Sections 3, 4
