Patna High Court Acquits Ranjeet Sah in POCSO Case Due to Lack of Evidence
Court Cites Inadequate Proof of Victim's Age and Procedural Errors in Trial as Grounds for Reversal
In a significant judgment delivered on October 7, 2025, the Patna High Court acquitted Ranjeet Sah, who was earlier convicted by the trial court for offenses under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The Division Bench, comprising Justices Rajeev Ranjan Prasad and Sourendra Pandey, overturned the trial court's decision, citing multiple deficiencies in the prosecution's case, including unreliable evidence, procedural lapses, and improper assessment of the victim's age.
The case stemmed from an incident reported on September 8, 2018, where the appellant was accused of raping a minor girl. The trial court had sentenced Sah to twenty years of rigorous imprisonment under Section 376(3) IPC and additional penalties under the POCSO Act. However, upon appeal, the High Court found the evidence presented by the prosecution to be lacking in credibility.
The judges highlighted several critical flaws, including the erroneous reliance on a school admission register to determine the victim's age. This document was deemed unreliable due to inconsistencies and the absence of verification. Additionally, medical evidence suggested the victim's age was between 15-16 years, contradicting claims that she was under 12 years at the time of the alleged offense. The court applied the doctrine of margin of error in age determination, further undermining the prosecution's case.
Another significant factor contributing to the acquittal was the unexplained delay in lodging the FIR, which was filed more than 24 hours after the alleged incident. The court noted discrepancies in the victim's testimony and the absence of corroboration by key witnesses, including the non-examination of a material witness named Isha. The alleged eyewitness, Raju Kumar, was also found to be unreliable due to his unnatural conduct and contradictions in his statements.
Procedural errors in the trial process further weakened the prosecution's case. The court observed that the charge against the accused was altered from Section 376(2) IPC to Section 376(3) IPC after the recording of his statement under Section 313 CrPC, without providing him an opportunity to defend against the altered charge. This was deemed a violation of the accused's rights to a fair trial under Article 21 of the Constitution of India.
Moreover, the medical examination of the victim did not reveal any signs of recent sexual violence, leading the court to conclude that the prosecution failed to prove penetrative sexual assault beyond reasonable doubt. The presumption of innocence, as reinforced by Section 114 of the Indian Evidence Act, 1872, ultimately led to the appellant's acquittal due to the lack of credible and trustworthy evidence.
In light of these findings, the Patna High Court ordered the immediate release of Ranjeet Sah, unless he is required in any other case. The judgment underscores the necessity of robust evidence and adherence to procedural norms in the prosecution of serious offenses under the POCSO Act.
Bottom Line:
Criminal Law - Acquittal in POCSO case due to lack of credible evidence, improper assessment of victim's age, procedural lapses, and unreliable witness testimonies.
Statutory provision(s): Indian Penal Code, 1860, Section 376(3); Protection of Children from Sexual Offences Act, 2012, Sections 5(m)/6, 9(m)/10; Code of Criminal Procedure, 1973, Sections 216, 217; Indian Evidence Act, 1872, Section 114
Ranjeet Sah v. State of Bihar, (Patna)(DB) : Law Finder Doc Id # 2790563
