The Patna High Court has acquitted four appellants in a 2015 case involving allegations of kidnapping and sexual assault of a minor, stressing that criminal conviction must rest on clear, consistent, and reliable evidence.
Background of the Case
The case originated from Amba Police Station in Aurangabad district, Bihar. An FIR was lodged on 16 May 2015 after a minor girl was reported missing from her home during the night.
According to the prosecution, the girl was allegedly taken away by local residents, confined for a few days, and later recovered by police on 18 May 2015.
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After investigation, charges were framed under provisions of the Indian Penal Code relating to kidnapping and sexual offences, along with Section 4 of the POCSO Act. The trial court, in 2018, convicted the accused and imposed life imprisonment for the offence under Section 376D IPC.
Hearing the appeals, the Division Bench closely examined the prosecution’s evidence. The Court noted that apart from the victim, other witnesses were family members whose testimonies were based on what they learned later, not what they directly saw.
A crucial factor in the Court’s analysis was the inconsistency in the victim’s statements. While allegations of sexual assault were made during trial, such claims were not mentioned in her earlier statement recorded before a magistrate.
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“The Court must be cautious where material improvements appear in testimony,” the bench observed while assessing the evidentiary value.
The medical evidence was also examined. Doctors did not find signs of recent injury or force on the victim’s body. The medical board’s findings did not conclusively support the allegation of recent sexual assault as described during trial.
The Court reiterated settled legal principles on appreciation of evidence in sexual offence cases. It noted that a conviction can be based solely on the testimony of the prosecutrix, provided it is trustworthy and consistent.
However, where the testimony falls into the category of “neither wholly reliable nor wholly unreliable,” courts must seek corroboration from independent evidence.
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The bench classified the evidence into three categories:
- The victim’s testimony (sole direct account)
- Statements of family members (hearsay)
- Medical and expert evidence
It concluded that the victim’s testimony contained material inconsistencies and lacked corroboration. The supporting witnesses did not provide direct evidence, and the medical findings did not align with the prosecution’s version.
The Court also emphasised the principle that where two views are possible on the evidence, the one favouring the accused must be adopted.
Allowing both appeals, the Patna High Court set aside the conviction and sentence awarded by the trial court.
The appellants were acquitted of all charges and directed to be released forthwith, subject to any other pending cases.
Case Title: Deepak Kumar @ Sunny & Ors. vs State of Bihar
