'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed: “……considering the fact that the testimony of the victim girl while she has deposed before the Court is inconsistent and totally contradictory to her statements which she has made while her statement was recorded under Section 164 of the Code of Criminal Procedure, 1973, as well as made under Section 161 the Code of Criminal Procedure, 1973, this court is of considered opinion that it may not be safe to rely on sole testimony of the victim girl, to arrive at a finding of guilt of the present appellant.” The case of the prosecution was that the informant had lodged an FIR before the In-Charge of Diphu Bazar TOP, Diphu, alleging that the daughter of the first informant, who was aged about 14 years at that time was lured away by the accused-appellant when she had gone for shopping. She has also not stated anything about subjecting her to sexual intercourse by the appellant when her statement was recorded under Section 164 of the Code of Criminal Procedure, 1973,” the Court observed. The Court observed: “As regards the question as to whether the victim was forcefully subjected to sexual intercourse recently before such medical examination or not, no such conclusive evidence is there as the medical evidence on record also failed to suggest that the victim was subjected to forceful sexual intercourse.” The Court opined that as the testimony of the victim girl does not inspire confidence and remained uncorroborated in material particulars, the appellant is entitled to get the benefit of the doubt.