Legal provisions involved: Sections 363, 376(2)(i) and 201 of the Indian Penal Code, 1860; Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

Judgement by: Supreme Court of India

Judge/Bench: Justice Vikram Nath 

Facts

The case related to a 2013 incident involving sexual assault of a minor child. The prosecution claimed that the accused was last seen with the child and relied on this to prove his guilt. The Trial Court convicted the accused, and the High Court agreed with this view.

Key legal provisions

• Sections 363, 376(2)(i) and 201 of the Indian Penal Code, 1860
• Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

Issues raised

Whether the prosecution had proved the case beyond doubt and whether the evidence was properly examined by the courts?

Arguments of the case

The accused argued that the prosecution failed to prove the case beyond doubt and that the “last seen” theory was not supported by reliable evidence. He also pointed out serious lapses and negligence in the investigation. The State argued that the evidence on record was sufficient and that both the Trial Court and High Court had rightly convicted the accused.

Direction of the Supreme Court

“The High Court may consider incorporating the above directions in their respective rules governing the procedure of trial Courts. … Registry shall forthwith transmit a copy of this judgment to the Registrar General of all the High Courts to ensure due compliance with the directions issued by this Court in paragraph Nos. 81-90 (supra).”

Judgement

The appeal was allowed, the accused was acquitted, and nationwide directions were issued to improve clarity and consistency in criminal judgments.

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