Inconsistencies in victim's testimony and lack of corroborative medical evidence lead to acquittal in a case under IPC Sections 366A and 376D, and POCSO Act.
In a landmark judgment, the Patna High Court has acquitted Deepak Kumar @ Sunny and others accused in a controversial case involving charges of kidnapping and rape of a minor girl under Sections 366A and 376D of the Indian Penal Code (IPC), and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The division bench, comprising Mr. Bibek Chaudhuri and Dr. Anshuman, delivered the judgment on March 18, 2026, highlighting significant inconsistencies in the victim's testimony and the absence of corroborative medical evidence as crucial factors leading to the acquittal.
The case, originating from Amba P.S. Case No. 40 of 2015, alleged that the victim, a minor, was kidnapped from her home in Aurangabad district on the night of May 15, 2015, and subjected to sexual assault by the accused over a period of three days. However, the High Court noted discrepancies between the victim's statement under Section 164 of the Criminal Procedure Code (CrPC) and her deposition in court, which led to doubts regarding the reliability of her testimony.
The court emphasized the importance of trustworthy and consistent evidence in cases of sexual offences, citing the Supreme Court's stance that the testimony of a prosecutrix should carry the same weight as an injured witness unless proven otherwise. In this case, the victim's initial statement did not mention rape, which was later introduced during the trial. The court found this omission critical, pointing to potential fabrication of allegations.
Furthermore, medical evidence presented by the prosecution failed to corroborate claims of recent sexual assault. The medical report revealed no injuries or signs of recent sexual activity, suggesting the victim had prior sexual experience. This lack of medical corroboration significantly weakened the prosecution's case against the accused.
The High Court also observed that the prosecution's case relied heavily on hearsay witnesses, with family members of the victim providing accounts based solely on the victim's narrative post-recovery. The judgment underscored the necessity for independent corroboration in cases where the victim's evidence is neither wholly reliable nor wholly unreliable.
In light of these findings, the court held that the prosecution failed to establish the charges beyond reasonable doubt. Consequently, the appeals filed by the accused were allowed, overturning the conviction and sentencing order of the trial court. The accused were acquitted and set at liberty, discharged from the liabilities of their bail bonds.
This judgment reaffirms the legal principle that when evidence supports two views, the view favoring the accused's innocence must prevail. The decision is expected to have significant implications for the handling of similar cases, particularly in ensuring rigorous scrutiny of evidence and safeguarding against wrongful convictions.
Bottom Line:
Acquittal of accused in case of kidnapping and alleged rape due to inconsistencies in victim's evidence, lack of corroborative medical evidence, and fabricated allegations.
Statutory provision(s):
- Indian Penal Code, 1860 Sections 366A, 376D
- Protection of Children from Sexual Offences Act, 2012 Section 4
- Evidence Act, 1872 Sections 114, 118
- Criminal Procedure Code, 1973 Sections 161, 164, 313
Deepak Kumar @ Sunny v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2868525
