Allahabad HC acquits man after 9 years in jail, flags misuse of POCSO Act in property grab cases

The case against the man was registered on March 18, 2016, based on his minor cousin’s allegation that the previous night, while she had gone to use a washroom near her house, he caught her with ill intent, locked her in his room and raped her. She alleged that he threatened to kill her if she told anyone, and the FIR said that she was able to come out only several hours later, when the door was opened with the help of her family members and some neighbours.

The medico-legal examination of the girl was conducted on March 20, 2016. The report mentioned that the date and time of the alleged rape were not known. The high court examined the evidence on merit and found that the medico-legal examination of the girls had not revealed any injuries to her.

The high court, in its July 10 order, said, “In view of the foregoing discussion, this court is of the considered opinion that the evidence on record does not prove that the appellant had raped the girl. The trial court has convicted the appellant without proper appreciation of evidence on record and without giving due weight to the medico-legal examination report and the pathological examination report of the victim. The findings of guilt recorded by the trial court are unsustainable in the eyes of law.”

The court observed, “The courts cannot shut their eyes to the ground realities apparent from the fact that now a days it has become very common to level allegation of commission of serious and heinous offences, including offence of rape or sexual abuse of a child by the family members, in petty disputes or in order to grab property.”

It added, “As the appellant used to reside alone in his house and he has been lodged in jail and although he had sought protection of his property by the court, it appears that no action was taken in this regard. The appellant has been made to languish in jail for more than nine years in a case in which there is no evidence to prove his guilt. This court finds it appropriate to exercise its inherent powers to order that the appellant would be released from custody forthwith and the Superintendent of Police shall ensure that after his release from the jail, the appellant is put in possession of his house from where he was taken in custody.”

In June 2016, the man told the trial court that the passage to his house had been closed, and his father was being threatened to be killed. He told the court that he belonged to a poor family and he requested that a case be registered against those who were harassing his father and who had implicated him in the case.

The high court noted in its order, “Keeping in view the nature of allegations, the finding recorded in the medico-legal examination report that there was no evidence of recent sexual penetration, cannot be brushed aside.”

“When a 45-year-old person is accused of raping his minor cousin, the allegations are not supported by the findings of the medico-legal examination report and the prosecution relies upon oral evidence of the victim, her father and mother only and no independent witness is examined, although it is said that several neighbors had gathered at the time of the incident, it becomes necessary to scrutinise the oral evidence carefully,” it added.

The court said, “The aforesaid facts indicate that the appellant has been falsely implicated by the informant and the police in the present case.”