Madras High Court overturned the conviction of an Army Jawan sentenced to ten years in prison and a Rs. 10,000 fine by a POCSO Court.
Justice Sathi Kumar Sukumara Kurup noted that despite the prosecution's claim of insertion causing bleeding, there was no evidence to establish aggravated sexual assault, and the allegations lacked medical proof. The court also emphasized that mechanically applying the presumption under Section 29 of the POCSO Act in the absence of medical evidence would lead to a miscarriage of justice.
Hence, it's evident that the prosecution failed to substantiate the charges with medical evidence. Therefore, mechanically applying Section 29 of the Protection of Children from Sexual Offences Act in such a situation would lead to a miscarriage of justice, the court concluded.
The court considered an appeal by Prathap Kumar Nayak, who was accused of sexually assaulting the neighbor's daughter while his wife and the neighbor were shopping. Upon the victim child's report to her mother, a complaint was filed at the Police Station. Due to the mother's knowledge of only Odia, the complaint was translated into Hindi and then into Tamil before being registered.
During the appeal, Nayak contended that he was falsely implicated out of revenge. He also argued that the accounts given by the mother and the victim child contradicted each other and lacked medical corroboration. Nayak highlighted the medical certificate, which indicated no injuries on the victim child's body, particularly in the genital area.
The Additional Public Prosecutor opposed the appeal, contending that the victim's testimony alone was adequate to convict the accused. They argued that the child's account was supported by the mother's testimony, and even in the absence of corroborating evidence, the court should give credence to the victim's account.
The court further noted that, according to the victim's account, there was alleged penetration of the vagina, resulting in bleeding. However, the court highlighted that if such bleeding had occurred, it would likely have torn the hymen. Nonetheless, the medical examiner's certificate indicated no injuries on her body and an intact hymen. Therefore, the court concluded that the offense of aggravated sexual assault was not established.
Consequently, the court overturned the verdict and conviction handed down by the Sessions Judge of the Mahila court in Chennai, acquitting Nayak of the charges under Section 6 of the POCSO Act 2012.
TAGS: Appeal Prathap Kumar Nayak False accusation Contradictory accounts Lack of medical evidence Victim's testimony.
