Gauhati High Court Acquits Appellant in Landmark POCSO Case - Lack of Conclusive Age Evidence and Consensual Relationship

07 May 2024 8:19 AM

By: Admin

In a significant legal development, the Gauhati High Court acquitted the appellant in a case that challenged his conviction under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The judgment, delivered by Honourable Mrs. Justice Malasri Nandi on 8^th August 2023, hinged on the pivotal aspect of age determination and its impact on the applicability of the POCSO Act.

The appellant, who was accused of engaging in a consensual sexual relationship that led to a pregnancy, was sentenced to a rigorous imprisonment of 10 years based on the lower court’s judgment. The victim’s age was a crucial element in this case, as the provisions of the POCSO Act apply to victims below 18 years of age.

Justice Nandi’s observations on age determination played a pivotal role in the acquittal. The radiological report indicated the victim’s age as 16 to 17 years, but the court took into consideration the margin of error of two years on either side for such assessments. The judge highlighted that “ossification test or other medical test, though a guiding factor, is not conclusive,” and that the benefit of doubt regarding age determination should be given to the accused.

“It is also a settled position that the benefit of doubt with regard to the age of the victim always goes in favor of the accused,” Justice Nandi emphasized. She further pointed out that the prosecution failed to adduce conclusive evidence regarding the victim’s age, including physical growth and secondary sexual characteristics, leaving ample room for doubt.

The court’s ruling rested on the principle that the prosecution had not proved beyond reasonable doubt that the victim was below 18 years of age at the time of the alleged incident. As a result, the provisions of the POCSO Act could not be invoked, and the consensual nature of the relationship further underscored the acquittal.

This landmark judgement not only highlights the importance of robust age determination procedures but also sheds light on the complexities of consensual relationships within the purview of the POCSO Act. Legal experts are lauding the Gauhati High Court’s thorough analysis of age determination evidence and its adherence to the principle of ‘innocent until proven guilty’ in cases of sexual offences involving minors.

Date of Decision: 08 August 2023

SHIVA CHAUTAL UDALGURI, ASSAM. vs THE STATE OF ASSAM REP. BY PP, ASSAM.