Court Cites Inconsistencies in Testimony and Lack of Medical Evidence in Decision to Overturn Conviction
In a significant ruling, the Allahabad High Court has acquitted Kuntesh, who was previously sentenced to life imprisonment for charges including rape under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act. The Division Bench, comprising Justices Siddhartha Varma and Jai Krishna Upadhyay, delivered the judgment on June 3, 2026, in Criminal Appeal No. 5563 of 2019, setting aside the conviction and ordering the immediate release of the appellant.
The case initially arose from an incident reported on May 9, 2017, when the victim's father alleged that his daughter was assaulted by the accused, Kuntesh, leading to her unconsciousness. The charges escalated to include rape after the victim's statement was recorded under Section 164 of the Criminal Procedure Code. However, the High Court found several discrepancies in the prosecution’s narrative and evidence presented.
Central to the court's decision was the evaluation of the victim's testimony, which was deemed inconsistent and lacking necessary corroboration. The court highlighted that while a child's testimony can form the basis of a conviction, it must be consistent, natural, and inspire absolute confidence—a standard not met in this case. The victim's statements during the trial introduced new allegations not present in her initial police report, raising doubts about the reliability of her testimony.
Moreover, medical evidence failed to support the claims of sexual assault. Medical officers who examined the victim reported no conclusive signs of rape, further weakening the prosecution's case. The court emphasized that in the absence of corroborative medical findings, the improvements and inconsistencies in the victim's account rendered the conviction unsafe.
The High Court also considered the principle of "benefit of doubt," a cornerstone of criminal jurisprudence, which mandates that if two interpretations of the evidence are possible, the one favoring the accused should be adopted. Consequently, the court found that the prosecution did not prove the charges beyond a reasonable doubt, entitling the appellant to an acquittal.
In its judgment, the court instructed that all charges against Kuntesh under Sections 323 and 376 of the IPC, as well as the relevant sections of the POCSO Act, be dismissed. The court ordered his release, pending any other legal detentions, and directed that all bail bonds be canceled and sureties discharged.
This ruling underscores the judiciary's commitment to upholding rigorous standards of evidence in criminal cases, particularly those involving serious allegations such as sexual assault, ensuring that convictions are based on credible and substantial evidence.
Bottom line:-
The conviction in a case of sexual assault based solely on the testimony of a child witness requires that such testimony be consistent, natural, and inspire absolute confidence. Where the testimony is inconsistent, lacks corroboration from medical evidence, and is accompanied by other exculpatory circumstances, the accused is entitled to the benefit of the doubt.
Statutory provision(s): Indian Penal Code, 1860 Sections 323, 376; Protection of Children from Sexual Offences Act (POCSO), 2012 Sections 3/4; Evidence Act, 1872 Sections 118, 134; Criminal Procedure Code Sections 161, 164, 313
Kuntesh v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2913817
