[POCSO Act] Alleged Victim's Sole Testimony If Found Reliable Can Be Used To Decide Whether Case For Conviction Made Out Or Not: Meghalaya HC

The observations were made by Justice W. Diengdoh while hearing an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings in Special POCSO Case under Section 376 IPC read with Section 3(a) and 4 of the POCSO Act, 2012.

The counsel for the petitioner submitted that a complaint came to made by the Chairperson, Child Welfare Committee, Ampati, alleging that a marriage had taken place involving the petitioner herein and the alleged victim minor girl being below 18 years of age which culminated into an FIR

The counsel while admitting that an engagement had taken place contended that on the said date, the girl along with her mother came to the residence of the petitioner and a formal engagement ceremony took place according to their customs. However, since the girl was only about 16 years old at that time, it was agreed by both side that she will go back to her parental home till she attains the age of majority after which a formal marriage ceremony will be conducted, he argued.

In order to substantiate the argument the counsel also invited the attention of the court towards the statement of the alleged victim under Section 164 Cr.P.C. wherein it had been clearly said that though she went to the house of the petitioner on the said date, there was no physical sexual contact on that day or night as she stayed with her mother-in-law and returned home the next day. This statement was also reiterated in her deposition before the Court as PW-1, the petitioner added.

Contesting the plea the respondents argued that the medical report submitted by the Doctor who has examined the victim girl soon after the FIR was lodged shows that hymen of the said victim girl was torn at 7 O’clock position which in turn imply that there exists a strong prima facie case against the accused/petitioner under Section 376 IPC read with Section 3(a)/4 of the POCSO Act and hence the petition should be dismissed.

After hearing the opposite contentions on the plea the court observed that the clinching factor in this case is the statement of the alleged victim girl herself, when she has clearly stated in her statement under Section 164 Cr.P.C. and also while deposing in Court as PW-1 that there was no sexual intercourse with the accused/petitioner on the alleged date of occurrence and that the marriage will take place only when she has attain the age of majority.

"This statement of the alleged victim girl will have a telling effect as regard the fate of the said criminal case as the sole testimony of a reliable witness, more so, an alleged victim of sexual assault will persuade and convince the court as to whether a case has been made out or not as far as conviction is concerned", the bench underscored.

Declining to accept the contention of the Govt advocate who had drawn support from the medical report which had indicated that the hymen was torn at 7 O’clock position, the court said that there was no evidence of violence used or any kind injury on the body of the alleged victim girl. There is also no clear findings as to whether the torn hymen was an old tear or a recent one, the court pointed.

Finding a fit case for interference the court allowed the petition and the proceedings in the said Special POCSO were accordingly set aside and quashed.

Case Title: Shri. Momin Miah Vs State of Meghalaya & Anr.

Citation: 2023 LiveLaw (Meg) 7

Coram: Justice W. Diengdoh