State's appeal for leave to challenge acquittal in POCSO case rejected due to lack of corroborative evidence and material omissions.
In a significant judgment, the Bombay High Court at its Aurangabad Bench upheld the acquittal of Balan Raghvan, accused of sexual assault on a minor under the Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act (POCSO Act). The State of Maharashtra's application for leave to appeal against the acquittal was dismissed by Justice Abhay S. Waghwase on February 9, 2026.
The case revolved around allegations that the accused, the husband of a tutor, engaged in inappropriate conduct with a seven-year-old girl attending tuition at his residence. The prosecution's case primarily relied on the testimonies of the victim, her mother, and her maternal uncle. However, the trial court had previously acquitted the accused, citing a lack of corroborative evidence and material omissions in the prosecution's testimony.
During the hearing, the State's representative argued that the trial court did not adequately consider the victim's testimony and that minor omissions were unduly highlighted. The defense, on the other hand, contended that the victim's statement was never recorded under Sections 161 or 164 of the Criminal Procedure Code, and the prosecution's case was marred by significant omissions and improvements in testimony. The defense also suggested a motive for false implication related to a quarrel over damages to a school van.
Justice Waghwase, after reviewing the evidence, concluded that the prosecution failed to prove the case beyond a reasonable doubt. The court noted that while the failure to record the victim's statement was a lapse, it was not automatically fatal to the prosecution. However, the lack of corroborative evidence to support the victim's claims, combined with the defense's plausible motive for false implication, led to the decision to uphold the acquittal.
The judgment reiterates the principle that when two views are possible, the one favoring the accused must be adopted. The court's decision underscores the importance of corroborative evidence in securing convictions in cases of sexual assault, especially when the primary evidence is the testimony of the victim alone.
Bottom Line:
Application for leave to appeal against acquittal in a case under Sections 354A IPC and Sections 8 & 12 POCSO Act rejected due to lack of corroborative evidence, material omissions, and improvements in prosecution's testimony, coupled with defence probabilizing motive for false implication.
Statutory provision(s):
- Indian Penal Code, 1860 Section 354A
- Protection of Children from Sexual Offences Act, 2012 Sections 8 and 12
- Criminal Procedure Code, 1973 Sections 378(1)(b), 161, 164, 313
State of Maharashtra v. Balan Raghvan, (Bombay)(Aurangabad Bench) : Law Finder Doc id # 2851174
