Conviction Set Aside as Court Finds Insufficient Proof of Prosecutrix's Minority and Evidence of Consensual Relationship
In a significant judgment, the Madhya Pradesh High Court has overturned the conviction of Munna Ram, who was previously found guilty under Sections 363, 366, 376(2)(n) of the Indian Penal Code (IPC) and Section 5(l)/6 of the Protection of Children from Sexual Offences (POCSO) Act. The Division Bench at Jabalpur, comprising Justices Vivek Agarwal and Avanindra Kumar Singh, delivered the verdict on June 25, 2026, setting aside the judgment passed by the Special Judge (POCSO Act) Singrauli.
The case pertained to allegations of kidnapping, sexual assault, and engaging in a relationship with a minor. However, the High Court found that the prosecution failed to conclusively establish the age of the prosecutrix, which was pivotal to the conviction under the POCSO Act. The prosecution could not produce definitive proof of the prosecutrix's age or her initial school admission records, which raised doubts about her being a minor at the time of the incident.
The defense argued that the relationship was consensual and between two adults, citing the prosecutrix's testimony and other evidence. The prosecutrix had admitted to calling the appellant herself and leaving her home due to familial discord. The court noted discrepancies in the testimonies of the prosecutrix’s parents regarding the timeline of her birth and the absence of reliable school records to confirm her age.
The judgment highlighted that the mere positivity of a DNA report, indicating a relationship between the parties, was insufficient for conviction without substantiating the prosecutrix's minority status. The court also took into account the lack of injuries or evidence of coercion, supporting the defense's claim of a consensual relationship.
In conclusion, the High Court found that the trial court had erred in convicting the appellant without thoroughly appreciating the evidence, granting the benefit of doubt to Munna Ram. The appellant, who was in jail, was ordered to be released immediately.
Bottom line:-
Conviction under Sections 363, 366, 376(2)(n) IPC and Section 5(l)/6 of POCSO Act set aside where prosecution failed to conclusively establish the age of prosecutrix and evidence indicated consensual relationship between adults.
Statutory provision(s): Indian Penal Code Sections 363, 366, 376(2)(n); Protection of Children from Sexual Offences Act, 2012 Section 5(l)/6.
Munna Ram v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc id # 2933408
