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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON’BLE MR. JUSTICE MANISH CHOUDHURY, HON’BLE MR. JUSTICE ROBIN PHUKAN, JJ.
NANTU NATH S/O LATE TULON NATH – Petitioner
Versus
THE STATE OF ASSAM – Respondent
Crl. Appeal (J) No. 54 of 2020
Decided On : 19-06-2024
POCSO - Protection of Children from Sexual Offences Act, 2012 - Sections 4, 6, 53A, 164, 173(2), 391, Juvenile Justice Act, 2015 - The court discussed the provisions of the POCSO Act, particularly Sections 4 and 6, which define the offences of sexual assault against minors. The court emphasized the importance of proper age determination of the victim as per Section 94(2) of the Juvenile Justice Act. The court also highlighted the necessity of DNA profiling under Section 53A of the CrPC to establish paternity and the need for expert testimony to clarify ambiguities in DNA results. The decision to convict the accused-appellant was influenced by the interpretation of these legal provisions, although the court recognized procedural irregularities that necessitated further evidence.
Fact of the Case:
The accused-appellant was convicted under Section 6 of the POCSO Act for sexually assaulting a 13-year-old girl, who subsequently gave birth to a child. The trial court acquitted two other accused charged under Section 4 of the POCSO Act. The conviction was based on the prosecutrix's testimony, medical examination, and DNA profiling results, although the accused-appellant contested the reliability of the evidence presented.
Finding of the Court:
The court found that the trial court had relied on the prosecutrix's testimony and medical reports to establish the age and the occurrence of the crime. However, it noted the lack of expert testimony regarding the DNA profiling results, which created ambiguity about the accused-appellant's paternity of the child. The court concluded that additional evidence was necessary to clarify these ambiguities.
Issues: 1. Whether the age of the prosecutrix was correctly determined according to the Juvenile Justice Act. 2. Whether the DNA profiling results were sufficient to establish the accused-appellant's guilt. 3. Whether the trial was conducted fairly, considering the absence of expert testimony on DNA evidence.
Ratio Decidendi: The court emphasized that the determination of age must comply with the Juvenile Justice Act, and that DNA profiling is a critical tool in sexual assault cases. It reiterated that the absence of expert testimony on DNA results could lead to ambiguity, necessitating further evidence to ensure a fair trial.
Final Decision: The court directed the trial court to summon the expert who conducted the DNA analysis to provide clarity on the results, thereby allowing for a more informed decision on the appeal. The case was to be expedited and concluded within two months.
ORDER :
1. This criminal appeal from Jail is preferred to assail a Judgment dated 17.09.2019 and an Order on sentence dated 18.09.2019 passed by the Court of learned Special Judge, Nagaon [‘the Special Court’, for short] in Special [POCSO] Case no. 49/2018. In the trial of Special [POCSO] Case no 49/2018, charges were framed against thee accused persons including the accused-appellant herein. Against the accused-appellant, charge under Section 6 of the Protection of Children from Sexual Offences [POCSO] Act, 2012 was framed whereas against the other two accused persons, charge was framed under Section 4 of the POCSO Act, 2012. By the Judgment dated 17.09.2019, the learned Special Court has convicted only the accused-appellant while acquitting the other two accused persons from the charge under Section 4 of the POCSO Act, 2012. Finding the accused-appellant guilty of the offence under Section 6 of the POCSO Act, 2012, the accused-appellant has been sentenced to undergo rigorous imprisonment for 15 [fifteen] years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another 3 [three] months. The learned Special Court in the Judgment dated 17.09.2019, has recommended the District Legal Services Authority, Nagaon to pay compensation to the victim after due enquiry.
2. The investigation was commenced on institution of a First Information Report [FIR] lodged by the Probation Officer – cum – District Child Protection Officer [DCPO], Nagaon before the Officer In-Charge, Batadrava Police Station, District – Nagaon on 11.12.2017. By lodging the FIR, the informant i.e. the Probation Officer-cum-DCPO, Nagaon brought to the notice of the Officer In-Charge, Batadrava Police Station an incident of alleged sexual assault on a minor girl [hereinafter referred to as ‘the prosecutrix’, withholding the name]. In the said FIR, the informant had inter alia stated that the prosecutrix, aged about 13 years, was sexually abused by the accused-appellant and also by the other accused, who were residents of the same village as that of the prosecutrix. It was informed that as a result of the sexual abuse, the prosecutrix got pregnant and on 04.12.2017, the prosecutrix gave birth to a girl child in the B.P. Civil Hospital, Nagaon. It was further informed that the District Child Protection Unit, Nagaon and M/s Child-Line, Nagaon were taking initiatives in the case and had produced the prosecutrix and the new born baby before the Child Welfare Committee, Nagaon on 08.12.2017. By lodging the FIR, stated to have been lodged at the instruction of the Child Welfare Committee, Nagaon, the Officer In-Charge, Batadrava Police Station was requested to take necessary action against the three accused persons including the accused-appellant, named therein. On receipt of the said FIR, the Officer In-Charge, Batadrava Police Station registered the same as Batadrava Police Station Case no. 244/2017 for offences under Section 376, Indian Penal Code read with Section 4 of the POCSO Act. One Sub-Inspector of Police, Maheshwar Saikia [P.W.9] was entrusted to carry out the investigation.
3. As part of the investigation, the I.O. [P.W.9] visited the office of the District Child Protection Officer [DCPO], Nagaon and examined the informant [P.W.7]. The I.O. seized a number of documents in connection with the case, on being produced by the Project Officer, Institutional Care from the Institutional Child Protection Officer, O/o the DCPO, Nagaon vide Seizure List [Ext.-1]. As the prosecutrix and the new born baby were in the Nagaon State Home, the I.O. [P.W.9] visited the Nagaon State Home and met the prosecutrix in presence of other official witnesses. The medical examination of the prosecutrix was conducted in the B.P. Civil Hospital, Nagaon on 18.12.2017. The accused-appellant was also produced before the Judicial Magistrate, First Class, Nagaon on 18.12.2017 for recording his confessional statement under Section 164, CrPC in connecti
The necessity of expert testimony in cases involving DNA profiling to ensure clarity and fairness in the judicial process, particularly in sexual assault cases involving minors.
The active participation of an accused in the trial, with legal representation, may negate claims of violation of legal aid rights.
The judgment establishes the admissibility and conclusiveness of D.N.A. evidence in proving paternity and the incapacity of a mentally challenged individual to consent to sexual intercourse.
DNA report deserves to be accepted unless it is absolutely dented and for non-acceptance of the same, it is to be established that there had been no quality control or quality assurance. If the sampl....
The court affirmed that the victim's testimony, corroborated by DNA evidence, is sufficient for conviction in sexual assault cases, emphasizing the need for sensitivity in evaluating such evidence.
The prosecution must establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
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