Patna High Court Acquits Man Convicted Under POCSO Act Due to Insufficient Evidence

Court Overturns Conviction Citing Lack of Corroborative Medical Evidence and Inconsistencies in Child Witness Testimony

In a significant judgment, the Patna High Court has overturned the conviction of Jai Krishna Yadav, who was previously sentenced to 20 years of imprisonment under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Division Bench, comprising Justices Rajeev Ranjan Prasad and Sourendra Pandey, highlighted the absence of corroborative medical evidence and inconsistencies in the testimony of the child witness as key factors in their decision.

The case stemmed from allegations made by the victim's mother, who reported that her minor daughter was sexually assaulted by Jai Krishna Yadav, a home guard. The trial court had convicted Yadav based on the child's testimony and sentenced him to 20 years in prison with an additional fine.

However, the High Court found that the child's competence as a witness was not adequately assessed before her testimony was recorded. The court noted that the child admitted to being tutored by her parents and a police officer, which raised doubts about the reliability of her testimony. Furthermore, the court observed that the medical evidence did not support the claims of penetrative sexual assault, as the medical report only indicated redness and swelling near the anus, which could be attributed to alternative explanations.

The court also emphasized the importance of establishing foundational facts beyond a reasonable doubt before applying the statutory presumption of guilt under Section 29 of the POCSO Act. In this case, the prosecution failed to establish such facts convincingly, leading to the court's decision to overturn the conviction.

The judgment underscores the necessity for rigorous scrutiny of evidence in cases involving child witnesses and highlights the potential for miscarriages of justice in the absence of corroborative evidence. The court ordered the immediate release of Jai Krishna Yadav if he is not required in any other case and commended the efforts of the Amicus Curiae, Mr. Md. Irshad, for his assistance in the appeal.

Bottom Line:

In cases under POCSO Act, conviction cannot be solely based on the testimony of a child witness if it does not inspire confidence and lacks corroboration from medical evidence or foundational facts.

Statutory provision(s): Section 6 of the POCSO Act, 2012, Section 29 of the POCSO Act, Indian Penal Code Section 376-AB, Criminal Procedure Code Section 313, Criminal Procedure Code Section 164, Criminal Procedure Code Section 53A

Jai Krishna Yadav v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2812550