Lack of Conclusive Proof Regarding Victim's Age and Inconsistent Evidence Leads to Acquittal in POCSO Case: Madhya Pradesh High Court

The Madhya Pradesh High Court recently overturned a conviction in a Protection of Children from Sexual Offences (POCSO) Act case, highlighting the critical importance of verifiable evidence in determining the age of a victim. The Division Bench, comprising Justice Vivek Agarwal and Justice Avanindra Kumar Singh, acquitted the appellant, Laxmikant @ Anju, citing a lack of credible evidence regarding the prosecutrix's age and the medical report's failure to corroborate the prosecution's claims.

Case Background

The case originated from a missing person report filed by the parents of the prosecutrix in July 2022. Initially, the family raised concerns regarding an abduction, leading to a case under Section 363 of the Indian Penal Code ( IPC ). Months later, a supplementary complaint was filed alleging that the accused had engaged in sexual relations with the girl at Vrindawan. Consequently, charges under Section 5(L)/6 of the POCSO Act were added. The trial court initially sentenced the appellant to twenty years of rigorous imprisonment.

Arguments Presented

The appellant challenged the conviction, arguing that the prosecution's case was riddled with contradictions, specifically noting that the prosecutrix had provided multiple versions of events. The defense highlighted that the age determination was based on unsubstantiated school records and that the victim had previously provided exculpatory statements under Section 164 of the Cr.P.C., which were ignored by the trial court.

The State, represented by the Government Advocate, supported the conviction, asserting that the victim and her family had provided statements under fear of the accused, justifying the subsequent reports and charges.

Legal Analysis

The High Court’s analysis centered on the reliability of the evidence. Critically, the Court found that the school register's entry regarding the prosecutrix's date of birth lacked supporting documentation, such as birth certificates, hospital records, or Anganwadi data. The judges noted:

> "There is no document to support as to on what basis the date of birth of the prosecutrix has been recorded in the school. Accordingly, it cannot be said as to on what basis the date of birth of the prosecutrix was recorded in the school."

Furthermore, the Court pointed out that scientific evidence failed to bolster the prosecution's narrative, as the DNA report proved inconclusive and medical evaluations showed no physical signs of forced intercourse.

Key Observations

The judgment underscores that courts cannot blindly rely on school records without proof of foundational accuracy:

• "Finding of learned trial court in this regard... that on the date of incident the prosecutrix was less than 18 years of age is set aside."
• "As per evidence on record, DNA report is inconclusive. Medical report... does not support the forceful intercourse."
• "In the facts and circumstances of the case simply on an oral plea... that they were under fear... [initial statements] cannot be ignored because [the] learned trial court has not given any finding to demonstrate whether the prosecutrix and her family members were really under fear."

Court's Decision

The High Court allowed the appeal, setting aside the convictions under both the IPC and the POCSO Act. The Court ordered the immediate release of the appellant, provided he was not required in any other legal matter. This ruling serves as a stern reminder that serious criminal convictions, particularly those under the POCSO Act, require robust proof of age and consistent corroborative evidence, ensuring that individuals are not held liable solely on the basis of poorly documented assertions.