CHENNAI: The Madras High Court acquitted a man who was sentenced to 20 years of imprisonment in a Pocso case for sexual assault of a minor girl.
Finding that the prosecution’s case against the convict was weakened by contradictions and lacked substantiated evidence, Justice M Nirmal Kumar set aside the conviction and sentence and ordered the man to be set free.
The case pertains to a minor girl getting pregnant and developing complications after childbirth. When she was taken to an urban health centre, the doctor informed the child welfare committee and the police. Subsequently, the police registered a case in 2022 and arrested the man, an autorickshaw driver. The victim’s mother was also booked for failing to report the offence.
The special court sentenced him to 20 years imprisonment in 2023 while the victim’s mother was sentenced to four months.
He filed the appeal in the HC, stating that he and the girl had got married and were living as a couple. He said the trial court imposed the sentence without considering these facts.
Justice Nirmal Kumar, in the recent order, noted that the absence of corroborative evidence, including medical and school records and inconsistencies in witness testimonies undermined the credibility of the case.
“The victim’s retracted statement, the absence of key witnesses, and conflicting testimonies significantly weaken the case. Hence, the conviction based on these assumptions is not sustainable, and the appellant’s involvement in the alleged offence has not been conclusively proven,” he said.
“While there is an age difference between the appellant and the victim, this alone does not disqualify their relationship as husband and wife, especially considering that the victim is now being cared for by the appellant’s mother and is living with the appellant’s family. She has expressed desire to continue the relationship,” the judge said in the recent order.