Acquittal of man who committed sodomy on 14 yr old due to lack of forensic evidence: Punjab & Haryana High Court
Goldy
Vs.
State of Haryana
2023:PHHC:108357-DB
Coram HON’BLE MR. JUSTICE SURESHWAR THAKUR & KULDEEP TIWARI
DATE: 17.08.2023
FACTS:
The present appeal challenges the verdict dated 22.9.2022 in relation to Sessions Case No. 126 of 2022. This verdict was issued by the Additional Sessions Judge (Fast Track Special Court for rape and offenses under the POCSO Act) in Kurukshetra. The said judgment convicted the appellant of charges under Section 6 of the POCSO Act and Section 506 of the IPC. The trial judge pronounced a guilty verdict and subsequently, on 26.9.2022, handed down a separate sentencing order. This order sentenced the appellant to twenty years of rigorous imprisonment for an offense punishable under Section 4(2) of the POCSO Act. Additionally, a fine of Rs. 25,000/- was imposed on the appellant, and in case of failure to pay the fine, a further sentence of nine months of rigorous imprisonment was decreed.
COURT ANALYSIS AND DECISION:
This Court acknowledges the validity of the appeal and is obliged to grant it due to lack of forensic evidence concluding that the victim was not subjected to penetrative sexual assault. Consequently, the appeal is accepted. The challenged verdict that resulted in the conviction of the appellant, as well as the subsequent sentencing order issued by the concerned trial Judge, are invalidated and revoked. The appellant is cleared of the charges presented against him. If the appellant has paid any fines, these should be reimbursed to him as per the relevant legal procedures. The personal and surety bonds provided by the accused are immediately revoked and released. The disposition of the case’s property will be handled in adherence to the law, but this action will occur only after the expiration of the appeal filing deadline
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Written by- Srijan Garg