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Synopsis

In a significant judgment, the Telangana High Court has overturned a decision of the Prevention of Children from Sexual Offences (POCSO) Act Special Sessions Court which convicted an accused under Sections 3 & 4 of the POCSO Act, dealing with the offence of Penetrative Sexual Assault. The high court based its ruling on the lack of conclusive evidence with regards to the age of the victim being below 18 years, required to attract the provisions of the POCSO Act.

A single judge bench comprising Justice K Surender, partly allowed an appeal against the special sessions court's conviction order, leading to the setting aside of charges against the accused (appellant) under the POCSO Act while upholding his guilt under Section 417 of IPC for cheating the victim by having sexual intercourse with her on the pretext of a false promise to marry.

The case, originating from a complaint lodged by the victim, involved serious allegations against the accused, and his parents under various sections of the IPC and the POCSO Act.

The sessions court had previously convicted the accused of offences under Sections 417, 376, and 506 read with Section 34 of the IPC, implicating him for cheating, rape, and criminal intimidation. The accused was sentenced to undergo rigorous imprisonment for the offences under the POCSO Act, while also being sentenced to one year of rigorous imprisonment for the offence of cheating.

However, the high court's scrutiny revealed critical gaps in the prosecution's evidence, particularly regarding the age of the victim, which was central to the POCSO Act charges. Despite the prosecution's assertions, the court deemed the reliance on a secondary school certificate issued on May 3, 2017, as insufficient. The court observed, “The said certificate cannot form basis to correctly state the date of birth of the victim girl”, as the same would be based on the declaration given by the parents or the guardian who admitted the victim.

It was further observed that the sexual intercourse was consensual, with no evidence to suggest otherwise. The high court noted the absence of critical age verification documents such as a municipal birth certificate or a school transfer certificate. Additionally, the victim was not subjected to an ossification test, which could have provided more definitive evidence of her age.

The high court highlighted that the complaint was lodged seven months after the alleged incident, triggered by the accused’s refusal to marry the victim despite the advice from elders.

The high court also pointed out discrepancies in the medical examination report, which suggested the victim had engaged in sexual intercourse more times than claimed, with the sexual intercourse on August 18 2019, not being the solitary instance.  

Given these observations, the high court granted the benefit of doubt to the accused, setting aside the convictions under the POCSO Act and for rape under the IPC, while maintaining the conviction under Section 417 for cheating.

The accused, having already served the sentence for the upheld charge, was ordered to be released immediately.