Inconsistencies in evidence and failure to establish identification lead to acquittal
In a significant judgment, the Uttarakhand High Court has overturned the conviction of Mohit Tyagi, who was previously sentenced under various sections of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act). The Division Bench, comprising Justices Ravindra Maithani and Siddhartha Sah, ruled on 29th April 2026 that the conviction was unsustainable due to inconsistencies in prosecution evidence, including the failure to establish the identification of the accused and the unreliable forensic report.
The case originally stemmed from an FIR filed in August 2018, alleging that Tyagi had kidnapped and sexually assaulted a 13-year-old boy in Dehradun. The lower court had sentenced Tyagi to 20 years of rigorous imprisonment under the POCSO Act along with additional sentences under Sections 363, 377, and 506 of the IPC.
However, upon appeal, the High Court found several critical flaws in the prosecution's case. The judgment highlighted the absence of a credible identification process, noting that the victim admitted it was dark at the time of the incident and had seen the accused for the first time on the day of the alleged crime. Despite these admissions, no test identification parade was conducted, raising doubts about the reliability of the victim's identification of Tyagi.
Further, the court scrutinized the forensic evidence, which was pivotal in the initial conviction. The Forensic Science Laboratory (FSL) report, which purportedly matched DNA from Tyagi's clothing to the victim, was deemed unreliable. The court pointed out that Tyagi was not confronted with the FSL findings during his examination under Section 313 of the Cr.P.C., which is crucial for ensuring fair trial rights. Additionally, the chain of custody for the evidence was not adequately established, further undermining its credibility.
The High Court also addressed procedural and sentencing issues, noting that Section 4(2) of the POCSO Act was incorrectly applied retroactively, resulting in a sentence that exceeded the statutory minimum at the time of the offense.
In light of these findings, the court set aside the conviction, ordering Tyagi's immediate release, subject to furnishing personal bond and sureties as stipulated under Section 437A of the Cr.P.C. This judgment underscores the judiciary's commitment to upholding the principles of justice and fair trial, emphasizing the necessity of reliable evidence and proper legal procedures.
Bottom line:-
Conviction under Sections 363, 377, 506 of IPC and Section 4(2) of the POCSO Act set aside due to inconsistencies in prosecution evidence, failure to establish identification of the accused, and lack of proper reliance on FSL report.
Statutory provision(s):
- Indian Penal Code, 1860 Sections 363, 377, 506
- Protection of Children from Sexual Offences Act, 2012 Section 4(2)
- Criminal Procedure Code, 1973 Sections 313, 437A
Mohit Tyagi v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc id # 2891008
