Allahabad High Court acquits man after 9-years jail in POCSO case, slams misuse of law against relatives

The Allahabad High Court recently observed that it has become “very common” to level serious allegations including of sexual abuse of children against family members over petty disputes or to grab their property..Justice Subhash Vidyarthi flagged the concern while acquitting a man who was convicted by the trial court under Section 376 (rape) of Indian Penal Code (IPC) and provisions of Protection of Children from Sexual Offences (POCSO) Act in 2020 for sexual abuse of his cousin."The courts cannot shut their eyes to the ground realities apparent from the fact that now a days it has become very common to level allegation of commission of serious and heinous offences, including offence of rape or sexual abuse of a child by the family members, in petty disputes or in order to grab property,” the judge said. .The Court observed that the accused Ram Sanehi languished in jail for more than nine years in a case with no evidence, while his property remained unprotected since he lived alone. Thus, it ordered the police to ensure that he is put in possession of his house.“This court finds it appropriate to exercise its inherent powers to order that the appellant would be released from custody forthwith and the Superintendent of Police, Hardoi shall ensure that after his release from the jail, the appellant is put in possession of his house from where he was taken in custody,” the single-judge ordered..Sanehi, who is in his 50s, was arrested in March 2016 for rape of his minor cousin. He was denied bail during the pendency of trial. He was sentenced to 20 years imprisonment in 2020 and continued to remain incarcerated during the pendency of his appeal. An amicus curiae appointed on his behalf by the High Court sought only reduction of sentence.However, the single-judge examined the evidence on merits and found that the medico-legal examination of the victim had not revealed any injuries on her. It also noted various contradictions in the testimonies of prosecution witnesses.“When a 45-year-old person is accused of raping his minor cousin, the allegations are not supported by the findings of the medico-legal examination report and the prosecution relies upon oral evidence of the victim, her father and mother only and no independent witness is examined, although it is said that several neighbors had gathered at the time of the incident, it becomes necessary to scrutinize the oral evidence carefully,” the Court said..It added that the evidence on record did not prove that the accused had raped the victim. “The trial court has convicted the appellant without proper appreciation of evidence on record and without giving due weight to the medico-legal examination report and the pathological examination report of the victim. The findings of guilt recorded by the trial court are unsustainable in the eyes of law,” the Court thus ruled while acquitting the accused..Amicus Curiae Rehan Ahmad Siddiqui appeared for the convict.Additional Government Advicate Mohd Asif Khan appeared for the State..[Read Judgment]