Gujarat HC Upholds Acquittal In POCSO Case Over Failure To Prove Victim’s Age

The Gujarat High Court has upheld the acquittal of an accused in a POCSO case, holding that the prosecution failed to establish that the victim was a minor on the date of the alleged incident. The division bench observed that the prosecution had not proved the source of the date of birth recorded in the birth register, making the document insufficient to establish the victim’s age.

The court dismissed an appeal against the trial court’s acquittal on charges of abduction and sexual assault, finding that the prosecution had failed to substantiate the allegations.

Birth Register Entry Not Enough To Establish Age

The case originated from an FIR lodged by the victim’s father at Amirgadh police station on June 7, 2024.

The prosecution alleged that the accused had developed a relationship with the victim before abducting her from her home around midnight and taking her to a house in Vashi Dabheli, where the alleged sexual assault took place.

The trial court had acquitted the accused of offences under Sections 363, 366 and 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. The complainant subsequently challenged the acquittal before the High Court.

On examining the evidence, the division bench found that the prosecution had failed to legally establish the victim’s age at the time of the alleged incident.

Referring to recent Supreme Court judgments, the High Court emphasised that merely producing a birth extract or an entry in an official register does not conclusively establish age unless the source and authenticity of the recorded date of birth are proved.

Court Examines Circumstances Of Alleged Abduction

The High Court also considered the victim’s conduct as described in the evidence, including her departure from home without raising an alarm, travelling in a rickshaw without apparent hindrance and staying at a location where other people were present without seeking assistance.

The bench considered these circumstances relevant while assessing the prosecution’s allegation of forcible abduction and confinement.

The prosecution, however, failed to establish the victim’s minor status or substantiate the charges to the standard required in the case.

Appeal Against Acquittal Dismissed

Holding that the prosecution had failed to prove the victim’s age through legally sufficient evidence and substantiate the allegations, the Gujarat High Court dismissed the appeal and upheld the trial court’s acquittal.

The ruling underscores the importance of establishing a victim’s age through admissible and properly authenticated evidence in cases where the prosecution relies on minority to sustain charges under the POCSO Act.