New Delhi, Sept. 19 -- The Calcutta High Court has held that the presumption under the POCSO Act cannot automatically operate against an accused unless the prosecution first proves the basic facts of the alleged offence, while acquitting a man convicted in a 2017 case involving a minor girl.
A division bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray set aside the conviction of Arun Das under Section 6 of the POCSO Act by the Special POCSO Court, Barasat, finding serious inconsistencies in the child's evidence and a lack of supporting evidence.
The bench noted material differences between the child's statement before the magistrate and her deposition before the trial court, including where she was taken from before the alleged incident. It also found a contradiction over when she disclosed the incident to her mother. While the child said she told her mother on the day of the alleged incident, the FIR stated that her mother learnt of the alleged rape three days later. The court termed this a "serious infirmity" in the prosecution case.
The medical evidence was inconclusive, with an abrasion recorded on the vulva but no other injury to the private parts. The court also noted the absence of recorded injuries on the back and pelvic region and that the probable age of the abrasion was not mentioned.
The bench noted previous animosity between the families and the non-examination of "Panchayat Kaku", whom the child said had called the police. It also flagged that although the trial judge had put preliminary questions to assess the child's maturity and competence, no certificate recording her competence to testify was made.
Published by HT Digital Content Services with permission from Millennium Post.