Court Finds Trial Court Erred in Relying on Presumptions Without Foundational Facts; Accused Acquitted
In a significant development, the Patna High Court has set aside the conviction of Ratan Mahto, previously sentenced to 20 years under the Protection of Children from Sexual Offences Act (POCSO Act), citing a lack of reliable evidence. The Division Bench comprising Justices Rajeev Ranjan Prasad and Ramesh Chand Malviya delivered the judgment on August 10, 2026, highlighting critical lapses in the trial court's reliance on presumptions under Sections 29 and 30 of the POCSO Act without establishing foundational facts.
The case stemmed from allegations that Mahto committed a sexual offense against an 11-year-old girl in 2015. The trial court had convicted him based on the presumptions of guilt provided under the POCSO Act, despite the victim and her mother turning hostile during the trial. The High Court emphasized the presumption of innocence, stressing that it remains intact even under the POCSO Act and that reliable evidence is necessary to override it.
The judgment scrutinized the trial court's findings, pointing out that the medical evidence was inconclusive and the testimonies of the prosecution witnesses, including the victim and her mother, were unreliable. The victim denied any occurrence, and the mother's testimony failed to support the prosecution's case, suggesting the possibility of the case being concocted for extortion purposes.
Additionally, the High Court noted procedural errors, such as the trial court's imposition of a 20-year sentence based on an amendment to Section 4 of the POCSO Act that came into effect after the alleged offense. The court granted Mahto the liberty to file a complaint under Section 22 of the POCSO Act against the informant for lodging a false complaint.
This verdict underscores the judiciary's vigilance in ensuring that convictions under serious offenses like those under the POCSO Act are based on firm evidence, and not merely presumptions, safeguarding the principles of justice and the presumption of innocence.
Bottom Line :
Protection of Children from Sexual Offences Act (POCSO Act) - Presumptions under Sections 29 and 30 do not override the presumption of innocence - Basic foundational facts required for drawing presumptions under POCSO Act must be established - Conviction under Section 4 of the POCSO Act cannot be based on mere presumptions without reliable evidence.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 4, 29, 30, 22; Indian Penal Code, 1860 Section 376
Ratan Mahto v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2961629
