The Madhya Pradesh High Court has taken stern action against a special POCSO court judge and a public prosecutor in Jabalpur for a grave judicial lapse. A division bench has issued them a show cause notice for allegedly ignoring a crucial medical report that proved a rape survivor was an adult, which led to the wrongful conviction and three-year imprisonment of a man.
A Conviction Overturned Due to Omitted Evidence
The case pertains to the conviction of Ravi Kol, who was sentenced to 20 years of rigorous imprisonment by the special POCSO court on charges of rape. However, the High Court, while hearing Kol's appeal, discovered a critical oversight. During the trial, a bone-age test (X-ray) report was submitted by Dr. M.K. Mishra, Radiologist Class-I at District Hospital, Jabalpur. This report conclusively indicated that the survivor was over 18 years old at the time of the incident.
Shockingly, this vital piece of evidence was not given due consideration by either the public prosecutor or the trial court judge. The High Court bench, comprising Justice Vivek Agarwal and Justice R.K. Choubey, noted in its order that this omission resulted in a severe miscarriage of justice.
"Intellectual Dishonesty" and Grave Injustice
The High Court's observations were scathing. It noted that the girl, in her deposition, had stated she had married the accused and stayed with him for two months. The bench concluded she was a consenting adult and that treating her as a minor for the purpose of conviction amounted to "intellectual dishonesty" on the part of the trial court.
The order stated, "The learned special judge did not exercise her authority under Section 311 of the CrPC to call for further evidence... This lapse caused grave injustice to the accused, who was kept behind bars for over three years, despite the victim being a consenting adult." Consequently, the court allowed Ravi Kol's appeal and ordered his immediate release.
Sequence of Events and Judicial Accountability
The case originated when the girl's mother filed a complaint about her missing daughter on January 31, 2022. The girl was later recovered from Ravi Kol's home on April 23, 2022. Following a medical examination by Dr. Archana Grover, who advised an X-ray for age determination, a case was registered under the POCSO Act. The X-ray report proving her majority was produced in court but ignored.
Holding the judicial officers accountable, the High Court has directed the registry to call for explanations from both the special POCSO judge and the public prosecutor. These explanations will be placed on record for further action in accordance with the law. This move underscores the judiciary's commitment to rectifying errors and ensuring accountability within its own ranks.
