Tripura High Court Acquits Babul Das in POCSO Case Citing Unreliable Testimony

Court Finds Material Contradictions and Lack of Corroborative Evidence, Extends Benefit of Doubt to Accused

In a significant judgment delivered by the Tripura High Court on December 5, 2025, the division bench comprising Dr. T. Amarnath Goud and S. Datta Purkayastha acquitted Babul Das, who was previously convicted under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). The appellant was initially sentenced to rigorous imprisonment for 20 years and fined ?2,00,000 for charges under Section 376AB of IPC and additional imprisonment under Section 506 IPC.

The prosecution's case was primarily based on the testimony of the alleged victim, a minor, who accused Babul Das of sexual assault. However, the High Court found the conviction unsustainable due to inconsistencies in witness testimonies, lack of corroborative medical evidence, and prior enmity between the families involved.

The court noted significant contradictions among the testimonies of key witnesses: the victim, her mother (PW-1), and her father (PW-3). These contradictions pertained to the timeline and sequence of events, with discrepancies in the reported date of occurrence and the actions taken immediately following the alleged incident. The victim's mother claimed the incident occurred on September 17, 2020, while the victim, during a medical examination, indicated the incident happened on September 8, 2020. Moreover, the testimonies differed on when the family confronted the accused, further undermining the prosecution's narrative.

Medical evidence presented also failed to conclusively support the prosecution's case. The examining doctor noted a partially torn hymen with no active bleeding, and the timeline suggested by the medical findings did not align with the alleged date of the incident. Additionally, the defense raised questions about the feasibility of the alleged act, given the height difference between the accused and the victim.

The High Court emphasized the importance of corroborative evidence in cases relying on the victim's sole testimony. It cited material contradictions in the victim's statements at different stages of the investigation and trial, which the court found insufficient to uphold a conviction without additional supporting evidence.

Considering these factors, along with the admitted animosity between the families over a boundary dispute, the court extended the benefit of doubt to the accused, thereby overturning the trial court's judgment. The decision underscores the judiciary's commitment to ensuring convictions are based on reliable and consistent evidence, particularly in sensitive cases under the POCSO Act.

The acquittal of Babul Das highlights the judicial scrutiny applied to testimonies and evidence in criminal trials, reaffirming the principle that any reasonable doubt must be resolved in favor of the accused.

Bottom Line:

Conviction based solely on the uncorroborated and inconsistent testimony of the victim is not sustainable. Material contradictions in witness testimonies, lack of corroborative medical evidence, and motive for false implication create reasonable doubt, warranting acquittal of the accused.

Statutory provision(s): Indian Penal Code Sections 376AB, 506; POCSO Act Sections 4, 6; Cr.P.C. Sections 313, 374(2), 161, 164

Sri Babul Das v. State of Tripura, (Tripura)(Agartala)(DB) : Law Finder Doc Id # 2818838