The Reverse burden principle applicable in POCSO Cases, the cardinal principle of criminal law that the prosecution has to stand on its own leg and has to prove the case to the hilt, cannot be side-lined or by-passed- High Court of Patna
TITLE-Sunil Kumar Vs The state of Bihar
Decided on-12/12/2023
+CR.APP(DB)No.706/023
CORAM-HON’BLE JUSTICE MR.ASHUTOSH KUMAR AND HON’BLE JUSTICE NANI TAGIA
INTRODUCTION
As The appellant has been convicted under section 4 and 6 of the Protection of children from sexual offences Act,2012 Judgement passed by the learned Additional District & Sessions Judge-VI cum special Judge POCSO Act Bettiah and has been sentenced to undergo imprisonment for life and to pay a fine.
FACT
As per the facts from the Prosecution the appellant have sexually assaulted the victim were mother of the victim had lodged The FIR as the victim was of 7 years and has gone to the shop of Appellant and appellant asked her to wait for him in the maize field.Later when Appellant come to the field and started sexually harassing her.When victim started to cry the people of the neighbourhood arrived and seeing them the appellant ran away narrated the incidence to her and on that basis report was lodged and registered for investigation under section 376/511/34 of the IPC and Section 7/8/18 of the POCSO Act.Charges were framed against the appellant, his parents and brother but Trial court has convicted only the appellant and has acquitted all others.The trail court after examine the witnesses holding the appellant to be guilty under section 4 and 6 of the POCSO Act,2012. The overall circumstances of the case clearly depict that the victim was sexually harassed and an attempt was made to disorder her and the case was registered.The learned counsel for the state submitted that in accordance to section 29 and 30 of the POCSO Act,2012 the principle of reverse burden would be applicable and applying the said principle, and applying the said principle the special court has rightly convicted the appellant under section 4 and 6 of the POCSO Act.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing both the parties the court observed on a carefull examination of the deposition of victim it appears that she also have hyperventilated about the occurance.The narration by the victim is not in sync with what her mother had told to the court.A per the examination of Doctor no injuries has been found.The other think that struck is when Appellant was arrested,not only he was allowed to let go but he was also not subjected to any medical examination as mandated under section 53A of the CrPC which make the Prosecution case completely untrustworthy. The court also found that the case was not at all investigated properly. As the lapse in the investigation itself would not completely discredit the Prosecution version.There is also a presumption of culpable mental state on the part of the accused which is statutorily recognized.The court also states that the aforenoted submission to be misplaced as even the principle of reverse burden would apply only if the Prosecution proves the case beyond all reasonable doubt.Notwithstanding the reverse burden principle applicable in POCSO Cases ,the cardinal principle of criminal law that the Prosecution has to stand on its own legs and has to prove the case to the hilt,cannot be side-lined or by passed.The exaggerated version at the trail makes the allegation of penetrative sexual assault on her by the appellant to be doubtful.The court disagree with the denouement of the trial court and we convert the finding of the trail court into one under section 7 of the POCSO Act,2012 punishable under section 8 of the POCSO Act.The conviction of the appellant under section 4 and 6 of the POCSO Act is set aside.Thus the conviction and sentenced of the appellant is altered.On completion of three years in custody shall be released from jail as having served out the entire sentence imposed upon him.The appeal stands partially allowed.
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