Gauhati High Court Overturns POCSO Conviction Citing Lack of Confidence in the Unsubstantiated Testimony of the Victim

Case: Md. BABU ALI @IMRAN ALI v. THE STATE OF ASSAM AND ANR. REP. BY LEARNED P.P., ASSAM.

Coram: Justice Mridul Kumar Kalita

Case No.: Crl.A./278/2022

Court Observation: “……considering the fact that the testimony of the victim girl while she has deposed before the Court is inconsistent and totally contradictory to her statements which she has made while her statement was recorded under Section 164 of the Code of Criminal Procedure, 1973, as well as made under Section 161 the Code of Criminal Procedure, 1973, this court is of considered opinion that it may not be safe to rely on sole testimony of the victim girl (PW-8), to arrive at a finding of guilt of the present appellant.”

“She has categorically stated in her statement under Section 164 of the Code of Criminal Procedure, 1973 that neither the appellant nor any of his family members had assaulted her while she was with them. She has also not stated anything about subjecting her to sexual intercourse by the appellant when her statement was recorded under Section 164 of the Code of Criminal Procedure, 1973,”

“As regards the question as to whether the victim was forcefully subjected to sexual intercourse recently before such medical examination or not, no such conclusive evidence is there as the medical evidence on record also failed to suggest that the victim was subjected to forceful sexual intercourse.”

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Gauhati High Court Overturns POCSO Conviction