STAFF REPORTER
GUWAHATI: The Gauhati High Court overturned the 20-year prison sentence of a man accused of aggravated penetrative sexual assault, citing critical procedural failures and a lack of reliable evidence. Justices Michael Zothankhuma and Kaushik Goswami set aside the conviction of Md. Shah Alam, who was previously found guilty by a special court in Morigaon. The bench ruled that the prosecution failed to prove the foundational facts of the case beyond reasonable doubt, primarily due to significant inconsistencies in the victim's testimony and a complete absence of medical corroboration.
The case originated from allegations that the appellant lured his minor cousin to his residence near a fishery and committed sexual assault on multiple occasions. However, the High Court observed that the child's initial accounts to the police and a Judicial Magistrate only referred to a "bad act" and the holding of her hand. It was only during the trial that the girl introduced detailed claims of penetrative intercourse, bleeding, and pain. The court deemed these later additions to be material improvements that weakened the credibility of the evidence, noting that a conviction cannot rest on testimony that lacks a "sterling quality".
Further doubt arose from medical evidence, as the examining physician found the victim's hymen intact and recorded no signs of recent sexual intercourse or injury. The judges also highlighted the improbability of the events, noting that neighbours living in close proximity heard no alarm or distress calls despite the victim's claim that she shouted for help. Additionally, the court found the parents' testimonies inconsistent, particularly regarding the nature of threats allegedly made by the accused.
The bench expressed profound dissatisfaction with the quality of the investigation, highlighting that the police failed to provide the child with psychological counselling or a support person as mandated by the POCSO framework. The justices warned that casual or defective investigations not only prejudice the accused but also lead to a failure of justice for victims. In a further administrative oversight, the court discovered that the trial records contained a case diary for a completely unrelated individual, which the bench ordered to be returned to the correct authorities. The appellant was acquitted of all charges and ordered to be released immediately.
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