Man’s torture of 14-year-old girl during ‘jhar-phoonk’ convictions upheld; Jharkhand High Court sets aside attempt-to-murder conviction

The appellant was convicted by the Special Judge, POCSO, Chatra, under Sections 341, 342, 323, 324 and 307 of the Indian Penal Code (IPC), Section 8 of the POCSO Act, and Sections 3 and 4 of the Witchcraft Prevention Act.

The prosecution alleged that the appellant subjected the 14-year-old victim to physical abuse during a purported healing ritual, including burning and other injuries.

The victim testified to the abuse and identified the appellant; the medical officer found no evidence of sexual assault or rape.

On appeal, the appellant confined his challenge to the Section 307 IPC conviction, arguing that its essential ingredients were absent.

1. Whether the evidence and circumstances established the ingredients necessary to sustain the appellant’s conviction under Section 307 IPC.

2. Whether the convictions under the other provisions should be disturbed.

The Court considered Section 307 IPC, observing that its application requires the necessary ingredients of an act amounting to culpable homicide and finding that those ingredients had not been established in this case.

It also considered Sections 341, 342, 323 and 324 IPC, Section 8 of the POCSO Act, and Sections 3 and 4 of the Witchcraft Prevention Act in assessing the remaining convictions.

The Court found evidence of injury and accepted the victim’s account as sufficient to sustain the convictions under Sections 341, 342, 323 and 324 IPC and Sections 3 and 4 of the Witchcraft Prevention Act; it also held that the victim’s account of bad touch supported the Section 8 POCSO conviction.

By contrast, it found that neither the prosecution case nor the injuries established the ingredients of Section 307 IPC. It therefore held that the conviction under that section could not stand.

Recording that the appellant had been in custody for more than four years and that the maximum sentence imposed for the other offences was four years, it directed his release forthwith, unless wanted in another case.

The appeal was disposed of with those modifications.