Bhopal (Madhya Pradesh): The district and session court acquitted an accused in a Protection of Children from Sexual Offences (POCSO) Act case as the complainant remained absent during cross examination in the court. The prosecution also failed to establish the date of birth of the survivor.
ADJ Rashmi Mishra passed the order. Rehan Khan, 19, of Tallaya (Bhopal) was arrested under the POCSO Act.
According to the order, the prosecution informed the court the date of birth of the complainant as May 1, 2006. The date of the incident was July 28, 2019. School UTI Dilip Kumar Atre was called and examined. School scholar register reveals that the survivor was given admission in 8th standard on July 1, 2019. She was rusticated from the school due to regular absence on August 30, 2019.
Atre said that the complainant did not have any documents, including transfer certificate during admission in the school in support of her date of birth.
Investigation officer informed the court that her mother had provided 7th standard marksheet, which had the date of birth as May 1, 2006.
Dr Nitu Mishra had given an opinion of X-RAY and ultrasound to determine the date of birth. Dr Mishra also informed the court that the pregnancy report of the survivor was also negative. No injuries was found in private parts, while the hymen was found torn.
The Supreme Court, with citation Mahesh Tigga Vs State of Jharkhand, had laid down a ruling that if the school scholar register does not justify date of birth of the survivor and medical points of below 18 years of age, then benefit of doubt can be given to the accused. Prosecution failed to establish that the survivor was a minor at the time of incidence on July 28, 2019.
Advocate Pervez Alam, who appeared on behalf of the accused, said, the survivor did not appear in the court for cross examination, so the court developed perception against her. Second, the prosecution failed to establish the date of birth. On the basis of these factors, the court has acquitted Khan.
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