Uttarakhand High Court Suspends POCSO Conviction & Grants Bail To Man After Alleged Victim Pleads For His Release

The Uttarakhand High Court has suspended the order of conviction and sentence passed against a man, who was implicated for allegedly kidnapping and committing rape and aggravated penetrative sexual assault on a minor girl, after the victim herself pleaded for suspension of his sentence and release on bail.A Division Bench of Chief Justice G. Narendar and Justice Alok Mahra also remarked that the trial Court judgment is based on “no evidence” and critically observed –“In the absence of critical evidence relating to the place of commission of offence, or any forensic evidence linking the accused to the crime, we find the judgment of conviction more than shocking, and that too a judgment of conviction under Section 5 of the POCSO Act.”The victim's father (the informant) alleged that on 01.01.2022, the victim absconded with the appellant. Subsequently, the victim was found in the company of the appellant on 23.01.2022 and he (the appellant) was arrested on the same day. The police carried out investigation and the charge-sheet was filed against the appellant for offences punishable under Sections 363, 376(2)(n) of the IPC and Section 5(l) of the POCSO Act.The trial Court found the appellant guilty of the aforesaid offences. Being aggrieved, the appellant filed this criminal appeal along with an interim application, seeking suspension of conviction and sentence, and praying for grant of bail. Strikingly, the victim appeared before the Court and sought release of the appellant from the custody.The victim conveyed the Court that on account of application of the stringent provisions of the POCSO Act against his husband (the appellant), she has undergone immense trauma and is in a hapless condition. Upon hearing the submissions on behalf of the parties and also considering the request made by the victim, the Court perused the reasoning recorded by the trial Court in convicting the appellant. It clearly observed that the conviction is not on the basis of insufficient evidence, rather on the basis of “no evidence at all”.“A reading of the impugned judgment does not record any proof, having been let in, demonstrating place of residence, be it in the form of a residential house, or a hotel accommodation. In short, prima facie, there appears to be no evidence, as to where the crime was committed,” it added.The Bench further raised eyebrows over the fact that the trial Court relied upon the statement of the victim recorded under Section 164 of the CrPC while the same was never exhibited. Also, even after a detailed cross-examination, nothing incriminating against the appellant was elicited from the victim.“In fact, the victim has, in her evidence, denied having had physical relationship with the appellant. On the mere fact that the clothes worn by the victim were taken by the Doctor, and she was subjected to medical examination, the Trial Court appears to have presumed commission of an offence under Clause (l) of Section 5 of the POCSO Act.”The Court also found the conclusion recorded by the Forensic Science Laboratory (FSL) to be surprising as it found traces of 'human semen' on the innerwear of the victim but no finding was recorded as to whether the same belonged to the appellant.Thus, it was of the opinion that the finding of guilt under Section 5(l) of the POCSO Act, in the absence of any evidence to demonstrate penetrative sexual assault, is unsustainable. Accordingly, the impugned order of conviction and sentence was suspended and his interim bail was allowed.Case Title: Rampal v. State of UttarakhandCase No: I.A. No. 01 of 2024 in Criminal Appeal No. 100 of 2024 along with Writ Petition (PIL) No. 114 of 2024, Writ Petition (Criminal) No. 658 of 2025, Writ Petition (Criminal) No. 659 of 2025Date of Judgment: October 17, 2025Counsel for the Appellant: Mr. Priyanshu Gairola, Advocate; Ms. Manisha Bhandari, Party-in Person with Mr. Shashwat Sidhant and Ms. Ishita Dhaila, AdvocatesCounsel for the Respondent(s): Mr. J.S. Virk, Deputy Advocate General with Sri Rakesh Joshi, Brief Holder for the State of Uttarakhand; Sri Siddhartha Bankoti and Ms. Divya Jain, Advocates for the Complainant/InformantClick Here To Read/Download Order

Uttarakhand High Court Suspends POCSO Conviction & Grants Bail To Man After Alleged Victim Pleads For His Release

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