'Alleged Offence Took Place On Road During School Hours, Absence Of Independent Witness Casts Doubt': Calcutta HC Sets Aside POCSO Conviction

"When the incident is alleged to have occurred on a public road during school hours, the absence of a single independent witness casts grave doubt on the prosecution case,” the Calcutta High Court observed while setting aside a conviction under Section 4 of the POCSO Act.The Jalpaiguri Circuit Bench acquitted a man sentenced to life imprisonment under Section 4 of the POCSO Act, holding that the prosecution failed to establish the charge of rape beyond reasonable doubt. A Division Bench of Justice Debangsu Basak and Justice Biswaroop Chowdhury set aside the 2022 conviction of Niren Barman, who was accused of raping a Class IX student in a forested area after allegedly dragging her 500 metres from a public road in broad daylight.The Court noted that the prosecution version—which claimed the incident occurred at 10 a.m. on a school day on a road normally used by students, parents and locals—was unsupported by any independent witness. The Bench observed that it was improbable that such an incident, involving the victim being dragged a considerable distance while raising cries for help, would go unnoticed by anyone if it indeed occurred in the manner alleged.Significantly, the medical evidence also failed to support the prosecution. The doctor (PW-2) who examined the victim stated that he found no injuries on her body or private parts and was “not sure” whether she was sexually assaulted. The victim's mother, too, admitted that apart from a scratch on the wrist, she found no injury marks. In such circumstances, the Court held that the medical evidence—though not always mandatory for corroboration—assumed importance because of the inherent improbabilities in the prosecution's narrative.The Bench reiterated that when reasonable doubts arise from established facts, the benefit must go to the accused. Here, the improbability of the incident occurring in a public area without attracting any witness, coupled with the lack of medical corroboration, created substantial doubt about the prosecution case. Consequently, the Court set aside both the conviction and the life sentence, ordering the appellant's immediate release unless he was required in any other case. The appellant was directed to furnish a bond under Section 437A CrPC for six months.The appeal was accordingly disposed of.Case: NIREN BARMAN VS THE STATE OF WEST BENGALCase No: CRA (DB)/16/2022Click here to read order

'Alleged Offence Took Place On Road During School Hours, Absence Of Independent Witness Casts Doubt': Calcutta HC Sets Aside POCSO Conviction

Srinjoy Das

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