Multiple NDPS Cases Without Conviction Cannot Justify Indefinite Pre-Trial Custody: Himachal Pradesh HC Grants Bail in Heroin Case Departmental Findings Based On Witnesses Discredited By Criminal Court Constitute 'No Evidence': Orissa High Court Upheld Constable's Reinstatement When Pension Rules Are Capable of More Than One Interpretation, Courts Must Lean in Favour of the Employee: MP High Court Wife Left Voluntarily — But Minor Children Cannot Be Taken Away: Madras High Court Intervenes in Habeas Corpus for Two Toddlers Where Consideration Does Not Pass in Terms of the Sale Deed, the Sale Deed Is Null and Void, a Nullity and Dead Letter in the Eyes of Law: Jharkhand High Court National Award-Winning Director's Script Was Registered Two Years Before Complainant Even Wrote His — Supreme Court Quashes Copyright Infringement Case Against 'Kahaani-2' Director IBC Clean Slate Does Not Wipe Out Right of Set-Off as Defence: Supreme Court Draws Critical Distinction Between Counterclaim and Defensive Plea GST Assessment Challenged on Natural Justice Grounds Tagged to Criminal Writ in Supreme Court Railway Cannot Escape Compensation by Crying 'Trespass' Without Eyewitness: Bombay High Court Reverses Tribunal, Awards Rs. 4 Lakh to Widow of Rolex Employee Master Plan Cannot Be Held Hostage to Subsequent Vegetation Growth — Supreme Court Settles Deemed Forest vs. Statutory Planning Conflict Contempt | Sold Property Despite Court's Restraint Order: Andhra Pradesh High Court Sentences One Month's Imprisonment Tractor-Run-Over Death Was An Accident, Not Murder: Allahabad High Court Acquits Three Accused Fast-Tracking Cannot Bury Justice: Supreme Court Sets Aside 21-Year-Delayed Appeal Decided Without Informing Convict Panchayat Act's Demolition Powers Cease Once Plot Falls Under Development Authority's Planning Area: Calcutta High Court Actual Date Of Woman Director's Appointment A Triable Issue; Prosecution Can't Be Quashed Merely On Claims Of Compliance: Calcutta High Court A Website Cannot Whisper and Then Punish: Delhi High Court Reins in DSSSB Over E-Dossier Rejections Mutual Consent Alone Ends the Marriage: Gujarat High Court Affirms Mubarat Divorce Without Formalities State Cannot Hide Behind "Oral Consent" or Delay When It Builds Roads Through Citizens' Land Without Due Process: Himachal Pradesh HC Show Cause Notice Alone Cannot Cut a Retired Engineer's Pension: Jharkhand High Court Bovine Smuggling Is a Law and Order Problem, Not a Public Order Threat: J&K High Court Quashes PSA Detention Article 22(2) Constitution | Production Beyond 24 Hours Not Fatal If Delay Explained And Travel Time Excluded: Karnataka High Court Article 227 Is Not an Appellate Power: High Court Refuses to Reassess Tribunal Findings on Pension Claim: Kerala High Court High Court Cannot Call A Complaint "False And Malicious" Without First Finding It Discloses No Cognizable Offence: Supreme Court When Jurisdiction Fails, Remand Cannot Cure It: Supreme Court Sets Aside Order Sending MSME Award Dispute Back to Functus Officio Facilitation Council Selling Inferior Pipes as 'Jain' or 'Jindal Gold' Brand Is Not Just a Civil Wrong — It's Cheating: MP High Court Refuses to Quash FIR Went to Collect Chit Fund Money, Got Arrested in Prostitution Raid: Telangana High Court Grants Bail to Woman Accused of Being Sub-Organiser Axe Blow During Sudden Quarrel Falls Under Exception 4 To Section 300 IPC, Not Murder: Orissa High Court Modifies Conviction To Culpable Homicide

Patna High Court Acquits Accused in Gang Rape Case Due to Failure to Prove Victim’s Age Under POCSO

09 October 2024 9:23 PM

By: Deepak Kumar


Prosecution Fails to Prove Key Elements of the Case Beyond Reasonable Doubt. On October 7, 2024, in Sarju Chaudhary @ Saryug Chaudhary & Others v. The State of Bihar, the Patna High Court acquitted three individuals convicted of gang rape under Section 376 IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The court found significant inconsistencies in the victim's statements, issues with the identification of the accused, and a failure to establish the crime scene, ultimately ruling that the prosecution failed to prove the case beyond a reasonable doubt.

The appellants, including Sarju Chaudhary, were accused of raping a minor girl on August 23, 2015, near a canal while she was grazing goats. The trial court had convicted them, sentencing each to life imprisonment and a fine. The defendants appealed, arguing that the prosecution’s case was riddled with contradictions and procedural lapses, and the victim's testimony was unreliable.

Inconsistent Testimony of the Victim: The court noted that the victim’s statements were inconsistent at multiple stages, including during the investigation, her deposition in court, and in her initial FIR. For example, she provided conflicting accounts about how her goats crossed the canal and the location of the crime scene​​.

Lack of Proof of Age Under POCSO: The prosecution failed to convincingly prove the victim’s age as under 18 years, which was crucial for a conviction under the POCSO Act. The court found discrepancies in the school records provided and noted that the prosecution did not call essential witnesses, such as school officials, to verify the victim's date of birth​.

Failure to Establish the Crime Scene: The prosecution was unable to conclusively establish the exact location of the crime. The court noted contradictions between the investigating officer’s report and the victim’s statements about the place of occurrence, casting doubt on whether the crime occurred as described​.

No Medical Corroboration: The medical evidence presented by the prosecution was inconclusive, with no injuries or definitive signs of sexual assault observed on the victim. Additionally, the forensic evidence, including blood and semen samples, was either mishandled or failed to link the accused to the crime​.

After analyzing the evidence, the Patna High Court held that the prosecution had failed to meet the standard of proof required for a conviction. The court acquitted all the appellants, citing the lack of reliable evidence and inconsistencies in the prosecution's case.

This judgment highlights the importance of reliable evidence and consistent testimony in cases involving serious charges. The court’s decision to acquit underscores the principle that convictions must be based on proof beyond a reasonable doubt, particularly in sensitive cases under the POCSO Act.

 

Date of Decision: October 7, 2024

Sarju Chaudhary @ Saryug Chaudhary & Others v. The State of Bihar​.

 

Latest Legal News