The Uttarakhand High Court has strongly criticised a lower court for convicting a man in a POCSO (Protection of Children from Sexual Offences) case without any supporting evidence and has ordered his release on bail.
The court expressed strong displeasure over the manner in which the case was handled, calling the earlier conviction unjustified.
A division bench of Chief Justice G Narender and Justice Alok Mahara, while hearing an appeal filed by the accused, Rampal, observed that this was not a case of “insufficient evidence” but rather a complete absence of evidence.
Rampal, a resident of Jakhole village in Uttarkashi, had been arrested in January 2022 for allegedly luring and sexually assaulting a minor girl. The special sessions court in Uttarkashi had on January 18, 2024, convicted Rampal under Section 376 of the IPC and provisions of the POCSO Act, sentencing him to 20 years’ imprisonment along with a fine.
While hearing the appeal on October 17, the High Court noted that the police and prosecution failed to establish even the location of the alleged offence. The court said although the victim was found with the accused near the Arakot Bazar bridge on January 23, 2022, no proof was presented regarding the place, such as a house, building, or hotel, where the crime allegedly occurred. There were also no eyewitnesses, it added.
The bench highlighted that the medical report found no signs of injury, swelling, or wounds on the victim’s body or genitals. The doctor who examined her also did not record any marks suggestive of forced sexual intercourse.
Calling the lower court’s order “surprising,” the High Court pointed out that it had relied on a document not part of the official record. Despite the victim not repeating her allegations in court, the lower court still found Rampal guilty.
The bench further said that the lower court had wrongly relied on the victim’s statement recorded under Section 164 of the CrPC, even though it was never exhibited or formally added to the case record. The High Court also noted that in her own testimony, the victim had clearly denied any physical relationship with the accused.
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