High Court acquits man ‘wrongfully’ convicted under POCSO in 2019
Kolkata: Mostly relying on medical evidence which was by way of examination of two doctors, the Calcutta High Court recently acquitted a man of all charges who was wrongfully convicted under POCSO Act in 2019 with five years of rigorous imprisonment.
The Bench of Justice Tirthankar Ghosh was moved by appellant, Gamo Hossain, a quilter, who was accused of raping a minor girl on the terrace of a house where he had gone to make a quilt. He challenged the trial court's judgement, conviction order and sentence. According to the mother (complainant) of the victim, the incident allegedly took place when her minor daughter went to the neighbour's (Badar Sk) house to play with the latter's son. She alleged that Hossain was at the neighbour's terrace making quilt when he managed to send away the son of the neighbour and raped her minor daughter. She said the child was immediately taken to Mayapur Hospital, where she was medically treated. The prosecution relied on 12 witnesses, including the victim. The petitioner's counsel submitted that Hossain was falsely implicated in the case because he had protested against the parents of the girl selling liquor illegally in the area. Also, the three year old girl was allegedly tutored by her parents on what to say.
After hearing all sides, the court took into consideration the medical examination reports of District Hospital, Nadia and Mayapur PHC. The court observed that both reports clearly indicated that there was no bleeding or injury in the genital or surrounding area while hymen was intact. Neither was there any bleeding of any other parts. This was contrary to the mother's deposition that there was insertion and the daughter sustained injuries in private parts.
Observing that the prosecution failed to create a foundational fact of sexual assault which would inspire confidence of the court to hold the appellant guilty of offence, the bench set aside the trial court's judgement and order of conviction and sentence. Hossain was acquitted of the charges and was also discharged from the bail bonds.
