Bombay HC clears 51-year-old man; states, 'medical evidence is not enough in sexual assault cases'
Nagpur Bench of the Bombay High Court recently overturned a 20-year rigorous imprisonment sentence handed down to a man convicted of sexually assaulting a 10-year-old girl. The court ruled that the conviction was based primarily on medical evidence, which the judges deemed insufficient without additional corroborative testimony. In its decision, the court emphasised that while medical findings can support a case, they cannot be the primary evidence in establishing guilt.
The case dates back to January 2022, when the victim, a 10-year-old girl, visited her uncle’s house in Nagpur. The accused, a 51-year-old landlord, allegedly lured the child to a secluded area and sexually assaulted her. Following the incident, a medical examination confirmed physical injuries consistent with sexual assault. The victim's mother promptly filed a complaint, leading to the arrest of the accused.
In June 2023, the special Pocso court convicted the man under Section 376-AB of the Indian Penal Code (IPC) and the relevant sections of the Protection of Children from Sexual Offences (Pocso) Act, relying heavily on the medical findings and the victim's statement recorded under Section 164 of the Code of Criminal Procedure. The court sentenced the accused to 20 years in prison.
However, during the appeal, the defence, led by Advocate Rajendra Daga, contested the conviction, arguing that the key witnesses, including the victim, her mother, and maternal aunt, had turned hostile and did not support the prosecution's case. Daga asserted that
