The court sets aside the conviction citing inconsistent testimonies and potential false implications in a case involving charges of sexual assault against a minor.
In a significant ruling, the Kerala High Court has overturned the conviction of a man previously sentenced under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). The appellant, identified as the stepfather of the alleged victim, was earlier sentenced to rigorous imprisonment by the Special Court under various sections of the IPC and POCSO Act for alleged sexual assault on his stepdaughter.
The case, which traces back to incidents purportedly occurring between 2014 and 2018, was built on the testimony of the victim, who alleged repeated instances of sexual molestation by the accused. However, the High Court, presided over by Justice A. Badharudeen, noted several inconsistencies in the victim's statements, including contradictions regarding the timeline of the alleged assaults.
The prosecution's case was further weakened by the victim's acknowledgment of a relationship with another individual, Vishnu, which could account for the medical evidence of sexual intercourse. The court highlighted the possibility of false implication motivated by personal vendetta, as the victim’s mother, who had ceased communication with the accused by mid-2019, had filed multiple cases against him.
Justice Badharudeen emphasized that when the prosecution's evidence is riddled with serious doubts and inconsistencies, the benefit of doubt must go to the accused. The judgment pointed out that the POCSO Act, while vital for protecting children, is sometimes misused in familial disputes, leading to potential false allegations.
The High Court's decision underscores the judiciary's duty to scrutinize evidence thoroughly, especially in cases involving severe allegations under the POCSO Act. The court ordered the immediate release of the accused, who had already served approximately three years of his sentence, including pre-detention.
The judgment serves as a reminder of the delicate balance courts must maintain in safeguarding the rights of the accused while ensuring justice for victims.
Bottom Line :
Benefit of doubt must go to the accused when prosecution evidence is riddled with serious doubts, inconsistent testimony, and likelihood of false implication in cases under the POCSO Act.
Statutory provision(s): Indian Penal Code Sections 376, 376(2)(n), 376(2)(f); Protection of Children from Sexual Offences Act, 2012 Sections 4 r/w 3, 6 r/w 5(1), 6 r/w 5(n)
XXXXXXXXXX v. State of Kerala, (Kerala) : Law Finder Doc id # 2962649
