Patna High Court Overturns POCSO Conviction Citing Age Determination Issues
In a significant legal development, the Patna High Court has acquitted a 26-year-old man who was previously sentenced to 20 years of rigorous imprisonment under the Protection of Children from Sexual Offences (POCSO) Act. The court applied the "margin of error" doctrine to determine that the alleged victim was a major at the time of the incident, leading to the quashing of the conviction.
Case Background and Original Conviction
The case originated from an FIR lodged at Sabour police station in Bhagalpur on December 28, 2018. The father of the girl alleged that his daughter, who he claimed was about 14 years old, had been missing for 15 days after leaving home for tuition. During the investigation, the girl was recovered, and based on her statement before a magistrate, Md Quarban was accused of kidnapping and raping her.
The prosecution relied on her educational certificate from the Bihar School Examination Board to establish her minority status. Medical examination confirmed she was pregnant, supporting the rape allegation. Consequently, the special POCSO court in Bhagalpur convicted Quarban on March 18, 2023, and sentenced him to 20 years imprisonment with a fine of Rs 1 lakh on March 22, 2023.
High Court's Rationale for Acquittal
A division bench comprising Justices Rajeev Ranjan Prasad and Soni Shrivastava allowed Quarban's criminal appeal, delivering the judgment on Monday, with the verdict becoming public on Tuesday. The court held that the prosecution failed to prove its case due to unreliable evidence regarding the victim's age.
Radiological tests indicated her age was between 16 and 18 years. Applying the "margin of error" doctrine, which allows for a plus or minus two-year error in medical age determination, the court concluded she was likely between 18 and 20 years old, thus making her a major at the time of the alleged crime.
Court's Assessment of Evidence
The high court disbelieved the victim's testimony, noting contradictions with evidence from her sister and father. It suggested that the intercourse resulting in pregnancy was "probably consensual." This assessment, combined with the age determination issue, led to the acquittal.
The judgment underscores the critical importance of accurate age verification in POCSO cases, where the victim's minority status is a pivotal factor. The "margin of error" doctrine's application highlights the complexities in medical age estimation and its legal implications.
This ruling may set a precedent for similar cases, emphasizing the need for robust and conclusive evidence in prosecuting offenses under the POCSO Act. The legal community is likely to scrutinize this decision for its broader impact on juvenile justice and sexual offense laws in India.
