Conviction under Section 4 of POCSO Act Overturned Due to Lack of Corroborative Evidence and Reasonable Doubt
In a significant ruling, the Calcutta High Court's Circuit Bench at Jalpaiguri, comprising Justices Debangsu Basak and Biswaroop Chowdhury, has set aside the conviction and life sentence of Niren Barman under Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The judgment was delivered on March 25, 2026, in the case CRA (DB)/16 of 2022, which was an appeal against the conviction and sentencing by the Additional Sessions Judge-cum-Judge, Special Court under POCSO Act, Alipurduar.
Niren Barman was originally convicted for the alleged rape of a minor girl, who was a school-going student at the time of the incident. The prosecution's case was primarily based on the testimony of the victim, who claimed that she was accosted by the appellant on her way to school and dragged into a forest where she was raped. However, the High Court found that the prosecution failed to present any independent witnesses to corroborate the victim's version of events. Moreover, the medical evidence did not support the claim of rape, as the medical officer testified that he was not certain if the victim was sexually assaulted.
The court highlighted the absence of eyewitnesses, despite the incident allegedly occurring in a public area during school hours, where numerous students and members of the public would likely have been present. This raised reasonable doubt about the victim's claims, further compounded by the lack of physical injuries noted by the medical officer.
The High Court emphasized that in the absence of corroborative evidence, the benefit of doubt must be given to the accused. Consequently, the court overturned the trial court's judgment and ordered the immediate release of Niren Barman, subject to the conditions that he is not required in any other case and must furnish a bond under Section 437A of the Criminal Procedure Code, valid for six months.
This decision underscores the judiciary's commitment to ensuring convictions are based on substantial evidence and the principle of 'beyond reasonable doubt.' It also highlights the importance of corroborative evidence in cases under the POCSO Act, where the testimonies of victims, while crucial, must be supported by additional proof to uphold a conviction.
Bottom Line:
Protection of Children from Sexual Offences Act, 2012 - Conviction under Section 4 set aside due to lack of corroboration of victim's testimony by independent witnesses and medical evidence, raising reasonable doubt.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Section 4, Criminal Procedure Code - Sections 313, 164, 437A
