POCSO - No Reliable evidence of age of victim - No conviction
Madhya Pradesh High Court Overturns Conviction in POCSO and Kidnapping Case Due to Lack of Evidence on Victim's Age
News Report:
Jabalpur, September 17, 2025 - The Madhya Pradesh High Court has set aside the conviction of Karan Raikwar in a case under the Protection of Children from Sexual Offences (POCSO) Act and Section 366 of the Indian Penal Code, citing lack of credible evidence regarding the victim's age and consensual relationship between the parties.
The judgment, delivered by Justices Vivek Agarwal and Avanindra Kumar Singh, emphasized the prosecution's failure to establish the prosecutrix as a minor at the time of the incident. The court noted the absence of reliable documentation to support the age claim and pointed out discrepancies in the testimonies of key witnesses, including the victim’s parents.
The appellant, Karan Raikwar, was initially sentenced to 20 years of rigorous imprisonment under the POCSO Act and three years under Section 366 of IPC by the Special Judge, Niwari District, Tikamgarh, in April 2024. The case revolved around the alleged abduction and sexual offenses against a minor, as reported by the victim’s father in September 2020.
During the trial, the prosecution relied heavily on school records and parental testimony to establish the prosecutrix’s age. However, the High Court found these pieces of evidence inadequate. The school teacher admitted during cross-examination that no supporting documents were available to verify the date of birth recorded in the school register. Furthermore, the prosecutrix's parents failed to provide any definitive statements about her age at the time of the incident.
The court also took into account the prosecutrix’s admission of living voluntarily with the appellant as husband and wife, traveling together, and engaging in consensual relations. Medical examinations revealed no evidence of coercion or physical abuse, further supporting the appellant's claim of consensual interaction.
This judgment underscores the importance of establishing clear and credible evidence in cases involving minors. The court asserted that in the absence of reliable proof, the benefit of doubt must be extended to the accused. Consequently, the previous ruling was overturned, and the appellant was ordered to be released forthwith.
Legal experts have hailed the judgment as a significant precedent, emphasizing the judiciary's role in safeguarding against wrongful convictions in sensitive cases involving minors. The case serves as a reminder to law enforcement and legal practitioners about the critical need for thorough and corroborated evidence when prosecuting offenses under the POCSO Act.
The High Court's decision is expected to influence future cases where the age of the prosecutrix is in dispute, ensuring that justice is served with a fair and balanced approach. The judgment also calls for enhanced training and procedural guidelines for collecting and presenting evidence related to age determination in court.
As the case concludes, the implications of this ruling will be closely watched by legal circles, potentially impacting ongoing debates around legal reforms and the administration of justice in India’s criminal justice system.
