Court criticizes trial conduct, overturns conviction citing consensual relationship and victim's age being over 18.
The Madhya Pradesh High Court has acquitted Ravi Kol, previously convicted under the Indian Penal Code (IPC) Section 366 and the Protection of Children from Sexual Offences (POCSO) Act, due to significant procedural lapses and the determination that the relationship in question was consensual. The judgment, delivered by a division bench comprising Justices Vivek Agarwal and Ramkumar Choubey, highlights both the trial court's oversight and the prosecution's failure to properly exhibit critical evidence proving the victim's age was above 18 years.
Ravi Kol was originally sentenced to five years of rigorous imprisonment under IPC Section 366 and an additional 20 years under Sections 5(l) and 6 of the POCSO Act. The prosecution's case was based on the accusation that Kol had kidnapped and sexually assaulted the victim, who was initially believed to be a minor. However, an x-ray report, crucial to determining the victim's age, was neither formally exhibited by the prosecution nor considered by the trial court, which led to the conviction.
The High Court noted that the victim, in her testimony, described the relationship with Kol as consensual and confirmed that she had willingly married him in a temple ceremony. Moreover, the x-ray report indicated that the victim was, in fact, above 18 years of age, thereby nullifying the charges under the POCSO Act, which is applicable only for offenses against minors.
The judgment further criticized the Special Judge and the Public Prosecutor for what was described as "intellectual dishonesty" in failing to exercise authority under Section 311 of the Criminal Procedure Code to call for further evidence on the x-ray report. The High Court has issued show cause notices to both officials, demanding explanations for the procedural negligence that led to Kol's unwarranted incarceration for over three years.
The court referenced a precedent allowing the use of unproved documents beneficial to the accused in defense, thereby accepting the x-ray report despite its lack of formal exhibition. This case underscores the necessity for diligence and fairness in the prosecution process to avoid miscarriages of justice.
The acquittal has prompted immediate release orders for Ravi Kol, provided he is not required in any other cases. The High Court's decision serves as a reminder of the critical importance of procedural rigor and the potential consequences of lapses in the legal process.
Bottom Line:
Conviction for offences under IPC Section 366 and POCSO Act overturned on the grounds of consensual relationship between two adults and procedural lapses including non-exhibition of critical evidence (x-ray report) proving the victim's age above 18 years.
Statutory provision(s): IPC Section 366, POCSO Act Sections 5(l) r/w 6, Criminal Procedure Code Section 311, Evidence Act 1872.
Ravi Kol v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc Id # 2836528
