Madras HC Acquits Man In POCSO Case, Citing Material Contradictions Between Child’s Testimony And Complaint

The prosecution alleged that on 10 November 2013, the appellant sexually assaulted the victim, who was under 14, and threatened her.

The victim’s birth certificate recorded her date of birth as 3 October 2001

The Trial Court convicted the appellant under Section 4 of the POCSO Act and Section 506(ii) of the IPC, imposing concurrent sentences

He appealed under Section 374(2) Cr.P.C.

The Court considered Section 4 of the POCSO Act, which prescribes punishment for penetrative sexual assault, and Section 506(ii) of the IPC, under which the appellant was also convicted

In assessing the prosecution evidence, the Court applied the principle that a conviction must be supported by reliable evidence and that material contradictions and lack of corroboration may create reasonable doubt warranting acquittal

The appeal was before the High Court under Section 374(2) Cr.P.C.

The Court accepted that the birth certificate showed the victim was a child at the time of the alleged occurrence

However, it found significant inconsistencies between her testimony and complaint, including whether she was gagged and how she was taken to the appellant’s house.

The account of profuse bleeding was not stated in the complaint and was unsupported by the medical evidence; the doctor found only a small abrasion on the victim’s thumb, and the vaginal swab detected neither semen nor spermatozoa.

The Court also noted the delay in lodging the complaint and the absence of a statement under Section 164 Cr.P.C.

In light of these matters, it held that the victim’s uncorroborated testimony, containing material contradictions, was insufficient to sustain the convictions and that the appellant was entitled to the benefit of doubt.

The High Court set aside the conviction and sentences under Section 4 of the POCSO Act and Section 506(ii) of the IPC, discharged the appellant’s bail bond, and directed that any fine paid be refunded.