The Uttarakhand High Court has expressed displeasure over a lower court’s decision to convict a man in a POCSO case without sufficient evidence. The court remarked that this is not a case of insufficient evidence, but rather of no evidence at all. The lower court convicted and sentenced the accused without sufficient evidence. The court, making strong remarks, ordered the release of accused Rampal on bail.
The case was heard before a division bench comprising Chief Justice G. Narinder and Justice Alok Mehra. According to the case, Rampal was arrested in January 2022 in Jakhol village, Uttarkashi district, on charges of luring and raping a minor girl. The Special Sessions Judge, Uttarkashi, convicted him under Section 376 of the Indian Penal Code, along with the POCSO Act. The High Court stated that the police and prosecution failed to even prove where the alleged crime occurred. The victim was found with the accused near the Arakot Bazaar bridge on January 23, 2022, but no evidence of the crime scene, a house, or hotel was presented, nor were there any eyewitnesses. The medical report also clearly stated that no injuries, swelling, or cuts were found on the victim’s body or genitals. The report did not mention any signs of forced sexual intercourse.
Severe Criticism of the Trial Court
The Nainital High Court, calling the lower court’s decision shocking, stated in its order that the trial court relied on a document that was not on record. The victim did not repeat any allegations against the accused in court, yet the accused was convicted. The court found that the trial court relied on the victim’s statement under Section 164 of the CrPC, which was not even included as an exhibit in the record. In her statement, the victim had clearly denied any physical relationship with the accused.
