The Uttarakhand High Court has come down heavily on a lower court for convicting an accused in a Protection of Children from Sexual Offences (POCSO) case “without any evidence” and ordered his release on bail.
A Division Bench of Chief Justice G Narender and Justice Alok Mahara was hearing the appeal filed by Rampal, a resident of Jakhole village in Uttarkashi district, who had been sentenced to 20 years’ imprisonment by a special sessions court in January this year.
Rampal was arrested in January 2022 for allegedly luring and sexually assaulting a minor girl. On January 18, 2024, the special sessions judge in Uttarkashi convicted him under Section 376 of the Indian Penal Code and the relevant provisions of the POCSO Act, imposing 20 years of rigorous imprisonment and a fine.
While hearing the appeal on October 17, the High Court expressed serious concern over the conviction, noting that the prosecution had failed to establish even the basic facts of the alleged offence.
“This is not a case of insufficient evidence but of absence of evidence,” the Bench observed.
The court pointed out that the police and prosecution could not even determine where the alleged crime had taken place. The prosecution’s own case was that the victim was found with the accused near Arakot Bazar bridge on January 23, 2022, but no proof was presented about any house, hotel, or other location where the alleged offence occurred.
The Bench also noted the absence of any eyewitnesses or corroborating material. The medical report revealed no injuries, swelling, or wounds on the body or genitals of the victim, and the examining doctor did not record any indication of forced sexual intercourse.
The court described the trial court’s reliance on unverified material as “surprising”. It said the lower court had based its conviction on a document not even part of the official record.
Significantly, the Bench noted that the victim, during her testimony, did not reiterate the allegations against Rampal. Despite this, the trial court had found him guilty, relying on her earlier statement recorded under Section 164 of the Code of Criminal Procedure (CrPC) — even though that statement had not been exhibited or included in the record.
In her own deposition before the court, the victim categorically denied having any physical relationship with the accused. The High Court said this should have been enough to create reasonable doubt about the prosecution’s case.
Finding the conviction wholly unsustainable, the Division Bench ordered Rampal’s release on bail, pending further proceedings in the appeal.
