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The has set aside a conviction under against Md. Wahid, who was accused of torturing a 14-year-old girl under the guise of spiritual healing, ruling that the prosecution failed to establish the essential ingredient of . The court, however, upheld his convictions under other charges, including and , but ordered his immediate release from custody as he has already served more than four years in jail.
Justice Rajesh Kumar, presiding over , delivered the judgment on . The appellant had challenged the trial court's judgment of conviction dated , and sentence dated , passed by the .
Torture Under Guise of Exorcism
The prosecution case stemmed from an incident reported by the victim's father, who alleged that his daughter fell ill after the Holi festival and that the accused, Md. Wahid, offered to cure her within two days. On , the informant and his wife took the girl to the accused’s residence. The accused allegedly asked them to stay outside a room, claiming it was the place of “Jinnad,” and took the minor inside. With the lights switched off, he subjected her to “Jhaar-Phoonk” – a form of exorcism – but instead of healing her, he beat and tortured her over three consecutive days.
According to the complaint, the accused burned the victim’s feet, arms, and body with a candle and incense stick. When the informant objected, the accused threatened him with a knife. The girl was later taken to Sadar Hospital and referred to Ranchi for treatment. The police registered an FIR under multiple sections, including , along with and .
During the trial, the prosecution examined 12 witnesses. The victim (PW-9) testified in detail about the torture, stating that the accused took her into a room, misbehaved with her, and burned her face and tongue with incense sticks. The medical officer (PW-12) found no evidence of sexual assault but confirmed injuries consistent with burns. The investigating officer (PW-8) recovered burnt matchsticks and incense sticks from the scene.
Lack of Intent for Section 307
During the appeal, the appellant’s counsel, , confined the challenge solely to the conviction under , arguing that the prosecution had not established any intention on the part of the accused to cause death. He pointed out that the trial court had not even put the ingredients of Section 307 to the appellant while recording his statement under .
The state, represented by APP , supported the conviction but was unable to point to any specific injury or intention that would attract .
Justice Kumar, after examining the record, found merit in the appellant's contention. The court observed that the law is settled that for a conviction under , the ingredient of must be present. In this case, neither the prosecution story nor the nature of injuries suggested such an intent.
“In the present case, neither the prosecution story nor the injury caused or in any way the ingredients of 307 has been even presented by the prosecution. In the absence of necessary ingredients for conviction under Section Section 307, the conviction of the appellant under Section 307 is bad in law,” the court held.
Accordingly, the High Court set aside the conviction under while maintaining the convictions under the other sections.
POCSO and Witchcraft Act Convictions Upheld
The court, however, upheld the conviction under , noting that the victim, who was around 14 years old at the time of the incident, had testified about inappropriate touching. The medical officer (PW-12) did not find evidence of sexual assault, but the court found the victim’s testimony credible enough to sustain the POCSO conviction on the basis of "." The court stated that “, also gets attracted, as there is , as per the victim, who is minor, aged about 14 years and as such, the conviction of the appellant under the aforesaid sections is, hereby, upheld.”
The convictions under and were also affirmed, as the evidence clearly established that the appellant had subjected the minor to , hurt, and cruel treatment under the pretext of witchcraft.
Time Served Leads to Release
Since the maximum sentence under the remaining convictions was four years (rigorous imprisonment under ) and the appellant had already been in custody for over four years, Justice Kumar directed that he be released , unless wanted in any other case. The trial court had originally imposed sentences ranging from one month to six years, with all sentences directed to .
“Since the maximum sentence awarded to the present appellant for other Sections is four years, while he has remained in custody for more than four years, the appellant is directed to be released from custody , if not wanted in any other case,” the court ordered.
The court also directed that the trial court records be sent back to the concerned court along with a copy of the judgment.
The ruling has significant implications for cases involving superstition and witchcraft, clarifying that even where such practices result in injury, they may not automatically attract the charge of unless the specific intent to kill is demonstrated. The judgment underscores that while the and POCSO provide robust protections against harmful superstitions and child abuse, charges under Section 307 require a higher threshold of proof regarding the accused’s .
