No Ground to Dismiss Prosecution Case Despite Investigation Lapses: High Court Upholds Conviction in POCSO Case

In a significant ruling, the High Court of Judicature at Patna upheld the life sentence and fine imposed on Sanjeev Kumar, convicted under the stringent POCSO Act and IPC for the sexual assault of his daughter. This decision, delivered by the bench comprising Honourable Mr. Justice Ashutosh Kumar and Honourable Mr. Justice Alok Kumar Pandey on November 7, 2023, emphasizes the sanctity of credible victim testimony in the face of procedural lapses during investigation.

The appellant, Sanjeev Kumar, had been sentenced by the trial court under Section 376 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The High Court’s ruling came after a meticulous examination of the evidence and testimonies presented during the trial.

The bench noted, “Merely because an investigation is perfunctory, that is no ground to completely discard the prosecution case, especially in view of the clear and cogent evidence of the victim herself.” This observation underscores the Court’s stance on the significance of victim accounts, even when investigative procedures exhibit flaws.

Mr. Ajit Ranjan Kumar, advocating for the appellant, highlighted various procedural discrepancies, including the lack of a conclusive medical report confirming rape and the failure to properly investigate the crime scene. However, the Court found these arguments insufficient to overturn the conviction, given the compelling testimony of the victim and corroborative evidence from other family members.

Representing the State, Mr. Dilip Kumar Sinha, APP, argued for the reliability and consistency of the victim’s allegations against her father. The Court’s decision reflects a balancing act between evidential sufficiency and procedural exactitude, prioritizing the gravitas of victim testimony in cases of sexual offenses against minors.

This ruling also brings to light the Court’s approach towards cases involving sexual offenses, especially under the POCSO Act, where the testimony of the victim holds significant weight. The decision is seen as a reaffirmation of the judicial system’s commitment to protecting the rights and dignity of sexual assault survivors, particularly minors.

The High Court’s dismissal of the appeal sends a strong message about the serious nature of offenses under the POCSO Act and the importance of upholding justice for victims of sexual violence, irrespective of the accused’s relationship with the victim.

Date of Decision: 07-11-2023

Sanjeev Kumar  VS The State Of Bihar