High Court criticizes investigation procedures and emphasizes the need for child-friendly approaches in POCSO cases
The Gauhati High Court has overturned the conviction of Md. Shah Alam, accused of aggravated penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, citing significant contradictions in the victim's testimony and deficiencies in the investigation. In a judgment delivered by Justices Michael Zothankhuma and Kaushik Goswami, the court highlighted that the prosecution failed to establish the foundational facts of the alleged crime beyond reasonable doubt.
The case stemmed from an incident reported on 18th July 2023, where Alam was accused of luring a 14-year-old girl to his house and committing the assault. However, during the trial, the victim's testimony was found to be inconsistent, with substantial improvements made at different stages. The medical evidence contradicted claims of penetration, showing an intact hymen and no injuries.
The court emphasized that in sexual offence cases, the prosecution must prove allegations beyond reasonable doubt, and suspicion cannot replace legal proof. The investigation was criticized for not providing psychological counselling or support for the victim, and failing to record clear and specific statements. This lack of adherence to child-friendly procedures under the POCSO Act was noted as a serious deficiency.
Citing previous Supreme Court judgments, the High Court reiterated that conviction could rest on the sole testimony of the victim, but only if it was of "sterling quality," consistent, and free from contradictions. In this case, the court found the testimony did not meet these standards.
Additionally, the court observed that the investigating officer did not clarify what the victim meant by a "bad act," a term she used in her initial statements. The absence of psychological support or a support person further complicated the victim's ability to articulate her allegations, the court noted.
The judgment also highlighted procedural lapses, including the presence of documents unrelated to the case in the trial court records. The High Court directed the lower court to return these documents to the appropriate authorities.
In conclusion, the High Court acquitted Md. Shah Alam of all charges, ordering his release if not required in any other case. It called for sensitization and training of investigating agencies to ensure justice and protection for child victims in POCSO cases.
Bottom Line:
Acquittal of accused in a POCSO Act case due to significant contradictions, omissions in the victim's testimony, lack of medical corroboration, and deficiencies in investigation procedures.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Section 6, Criminal Procedure Code, 1973, Section 313, Indian Penal Code Section 376(3).
Md. Shah Alam v. State of Assam, (Gauhati)(DB) : Law Finder Doc id # 2850335
