Failure to Prove Victim's Minority Leads to Overturning of Conviction Under POCSO Act and IPC
In a significant judgment, the Sikkim High Court has acquitted Jeet Hang Subba, who was previously convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Indian Penal Code (IPC). The Division Bench, comprising Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan, delivered the verdict on May 29, 2026, citing insufficient evidence regarding the victim's age, which is pivotal for the application of the POCSO Act.
The case originated from an FIR filed on August 10, 2022, by a medical officer who reported the victim's complaints of vaginal bleeding and a positive pregnancy test. The prosecution alleged that Subba, who was in a consensual relationship with the victim, engaged in sexual intercourse with her, leading to her pregnancy. The trial court had convicted Subba under Section 3(a) of the POCSO Act and Section 376(1) of the IPC, based on the assumption that the victim was a minor.
However, upon appeal, the High Court found significant discrepancies in the evidence regarding the victim's age. The victim and her family provided conflicting testimonies, and the validity of the birth certificate was questioned. The prosecution's failure to comply with the legal requirements for delayed registration of birth further weakened their case. As a result, the court ruled that the prosecution did not meet the burden of proof to establish the victim's minority under the POCSO Act.
The High Court also addressed the IPC charges, noting that the sexual intercourse between Subba and the victim was consensual. Since the victim's minority could not be established, the conviction under Section 376(1) of the IPC was also set aside. The court emphasized the importance of corroborated and consistent evidence, particularly when the prosecution's case hinges on the victim's age.
In light of these findings, the High Court overturned the trial court's judgment, acquitting Subba of all charges and ordering his release unless required in other cases. The court's decision underscores the necessity for rigorous adherence to evidentiary standards in criminal prosecutions, especially in sensitive cases involving alleged sexual offenses.
Bottom line:-
Failure of prosecution to prove that the victim was a minor under the POCSO Act led to the setting aside of the conviction under Section 3(a) of the POCSO Act and Section 376(1) of IPC, as the sexual intercourse between the accused and the victim was consensual.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012, Section 3(a); Indian Penal Code, 1860, Section 376(1); Registration of Births and Deaths Act, 1969, Section 13.
Jeet Hang Subba v. State of Sikkim, (Sikkim)(DB) : Law Finder Doc id # 2922768
