‘Trial courts consistently failing to perform their duties as a judge’: Madhya Pradesh HC overturns POCSO conviction

The High Court Bench of Justices Vivek Agarwal and Avanindra Kumar Singh said that “despite regular training in the Madhya Pradesh State Judicial Academy, learned trial courts are consistently failing to perform their duties as a judge”.

The appellant in the case said that he had a consensual physical relationship with the alleged victim and that she was not a minor at the time of the incident. Her statement had also said that 10 days before the incident, the man had proposed marriage to her, which she accepted, and then they travelled to Hyderabad and performed the rituals at a Durga temple.

The appellant argued that the woman was an adult and that the prosecution did not exhibit the X-ray report, which “reflects towards the intellectual dishonesty of the prosecution”.

The court noted that the X-ray report was not exhibited and said the trial court failed to take “cognizance of ossification test report available on record and, secondly, it did not pose questions under Section 313 of Cr.P.C. to the accused/applicant on the basis of the DNA test report”.

The court said that “as per the ossification report which was promptly drawn within one month of the incident, since there can be an error of a year or two and when that error is taken into consideration, then the victim will be deemed to be an adult, benefit is required to be accrued in favour of the appellant”.

The court noted that the woman, in her cross-examination, had said that she had left her parents’ house without informing them and that later, she took the appellant’s name “out of fear of her parents”.