Particle.news

Download on the App Store

Madhya Pradesh High Court Quashes POCSO Conviction Over Procedural Lapses

The ruling turns on the court's finding that the girl's age could not be fixed with certainty under ossification evidence.

Image

Overview

  • A bench of Justices Vivek Agarwal and Avanindra Kumar Singh set aside the conviction and acquitted the accused in an August 14 judgment.
  • The court said the trial judge committed several irregularities, including ignoring an ossification report on record and failing to put Section 313 Cr.P.C. questions based on a DNA report.
  • Relying on Supreme Court guidance that ossification tests carry a one- to two-year margin of error, the bench held the girl must be deemed an adult for purposes of the case.
  • The prosecution did not exhibit the X-ray report suggesting an age range of 17 to 19, which the appellant argued showed intellectual dishonesty.
  • The High Court noted the absence of a birth certificate, the girl's statements about consenting to a relationship and a temple marriage in Hyderabad, and criticized trial courts for consistently failing in their duties despite judicial training.