Patna, July 2, 2024— In a significant judgment, the Patna High Court has acquitted Ajeet Kumar, who was convicted last year for the rape of a minor under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
The judgment, delivered by a division bench comprising Honourable Mr. Justice Ashutosh Kumar and Honourable Mr. Justice Jitendra Kumar, overturned the earlier verdict citing insufficient evidence and procedural lapses.
Background of the Case
Ajeet Kumar, a 22-year-old resident of Sanaha Paraura village in Begusarai district, was accused of raping a 16-year-old girl on the night of April 12, 2022. The victim, who had been living with her maternal grandmother, reported that the assault occurred when she went to use the washroom behind her grandmother’s house. The following day, a written report was filed, leading to the registration of Sahebpur Kamal P.S. Case No. 83 of 2022.
The case gained widespread attention due to the severe nature of the allegations and the involvement of a minor. Ajeet Kumar was subsequently convicted by the Additional Sessions Judge-VI, Begusarai, and sentenced to 20 years of rigorous imprisonment along with a fine of Rs. 50,000.
Legal Issues and Court’s Observations
1. Age of the Victim:
– The prosecution presented a school certificate indicating the victim was 14 years old, categorizing her as a minor under the POCSO Act. However, the defense challenged this, arguing the victim was a major.
– The medical board assessed the victim’s age to be between 17-19 years, which introduced ambiguity about her status as a minor.
2. Credibility of the Victim’s Testimony:
– The court noted discrepancies between the victim’s initial report and her deposition during the trial. The victim’s testimony was inconsistent, raising doubts about its reliability.
3. Medical and Forensic Evidence:
– The medical examination found no injuries or evidence of recent sexual assault. The hymen was found to be old and torn but healed, and no seminal stains were detected.
– Forensic analysis revealed inconsistencies in the clothing items submitted, further weakening the prosecution’s case.
4. Procedural Lapses:
– The court highlighted the failure to medically examine the accused under Section 53-A of the CrPC, which mandates such an examination in rape cases.
– The prosecution’s handling of forensic evidence and the delay in submitting clothing items to the laboratory were also criticized.
Court’s Decision
After examining the evidence and considering the arguments from both sides, the court concluded that the prosecution failed to prove the case beyond reasonable doubt. The bench noted that the investigation had critical gaps and procedural flaws, which cast serious doubt on the credibility of the prosecution’s case.
In its judgment, the court stated, “The prosecution has miserably failed to bring out a situation where the presumption under Sections 29 and 30 of the POCSO Act, 2012 could be invoked.” Consequently, Ajeet Kumar was acquitted of all charges and ordered to be released immediately.
Key Observations from the Judgment
– “The prosecution has failed to prove the case beyond reasonable doubts. There have been many lapses on behalf of the prosecution which go to the root of the matter.”
– “The discrepancies in the victim’s testimony and the lack of forensic and medical evidence supporting the prosecution’s claims make it difficult to uphold the conviction.”
This case serves as a critical reminder of the judicial system’s reliance on robust evidence and fair trial procedures to administer justice effectively.
