No Signs Of Forcible Detention On Body, Prosecution Witnesses Coming Up With Tainted Version: Telangana HC Sets Aside POCSO Conviction

The Telangana High Court set-aside conviction of man in a Rape Case noting that her body showed no signs of forcible detention of a prolonged period of eight months and there was an absolute "lull" ever since she went missing and allegedly escaped the accused.

The Court was considering a Criminal Appeal against conviction recorded by the trial Court for the offence under Sections 363, 342, 376(2)(n), 376(2)(f), 376(3), 506 of the Indian Penal Code and Section 5(l) read with Section 6 of the POCSO Act.

The single-bench of Justice K. Surender observed, ".....when the victim girl came back to their parents’ house and was sent for medical examination, the Doctor did not find any signs or marks of either tying her hands and legs with rope or that the condition of the victim girl was bad due to any such prolonged detention. If the girl was detained for eight months and her hands and legs are tied, the body would show signs of detention and also her health would naturally deteriorate. Since there are no such signs of forcible detention, the version of the victim girl being forcibly kept in the house of PW.6, raises any amount of suspicion."

The Appellant was represented by Advocate Kiran Palakurthi while the Respondent was represented by the Public Prosecutor.

The prosecution's version was that the victim was allegedly abducted by the accused on her way to home and was kept in a rented room, all chained and forcing a fake marital status while raping her multiple times for a period of eight months. She escaped finally and ran to her house where she narrated her version of the crime to her parents. The parents took her to Police and it was determined that her age at the time of crime was 15 years. Her medical examination was conducted and statements were recorded.

The father of the victim, however stated her age to be 17 when she went missing, while the mother insisted on the same being 15 only. The Trial Court, based on the certificate evidence and proofs from school administration determined it to be 15 only.

Counsel for the Appellant mainly argued on the ground that the age of the victim girl was not proved by the prosecution to be 15 years and that the place of offence was not specifically proved by the prosecution. He contended that when the owner of the house was examined, she did not speak anything about forcible detention. The main drawback in the case of the prosecution, he averred is the unexplained delay of eight months in lodging the complaint

On the other hand, Additional Public Prosecutor argued that there is no reason as to why the girl would speak false against the appellant as he was closely related to the victim girl and took undue advantage of his relationship, detained her and also subjected her to sexual assault for a period of eight months. 

The Court at the outset took note of the fact that contrary to the victim's claim, the Doctor did not find any signs or marks of either tying her hands and legs with rope or that the condition of the victim girl was bad due to any such prolonged detention.

"If the girl was detained for eight months and her hands and legs are tied, the body would show signs of detention and also her health would naturally deteriorate. Since there are no such signs of forcible detention, the version of the victim girl being forcibly kept in the house of PW.6, raises any amount of suspicion. Even, PW.6 who is the owner of the house did not state anything about the forcible detention of the girl in the house. She never heard PW.3 cry for help or stated that there was anything suspicious when the appellant was staying in the house for eight months along with PW.3. PW.3 specifically stated in the statement under Section 164 of Cr.P.C. and admitted by PW.3 that she was detained in B.N.Reddy Colony, however the scene of offence panchanama and according to evidence of PW.6, the scene of offence is at Bonguloor, which is at a distance of nearly 14 K.Ms. from B.N.Reddy Colony," the court observed.

The other aspect which raises any amount of doubt and suspicion is the fact that nothing was done by the parents or the Police in the said eight months period when she was missing, the court remarked.

"Both PWs.1, 2 and the Investigation Officers are silent about their efforts or what was done to trace the victim girl for a period of eight months. It is apparent that the actual version as to what transpired during the said period is suppressed by the prosecution. The absolute lull in between 03.06.2022 to 20.02.2023 would only indicate that the prosecution witnesses are coming up with a tainted version. Being in detention for eight months with her legs and hands tied, how PW.3 escaped is not narrated. Nothing was found during the scene of offence panchanama to suggest that PW.3 was detained with chains/rope tied to her hands and legs," the court observed.

The circumstances of the case point towards consensual stay by the victim girl with the accused, the court inferred however adding that the consent will be of no consequence if she was less than 18 years. 

"No reasons are given as to why the certificate from the Municipal Authorities or the hospital where she was born or the record of the office of births and deaths were not produced. The Police had not taken any steps to send the victim to PW.3 for the purpose of ossification test. It is necessary for the prosecution to prove the date of birth of the victim girl as minor and leave no scope for any reasonable doubt to be entertained by the Court to reject any kind of consent which would be apparent from the facts of a case. In the present case, the version that the hands and legs of PW.3 were tied over a period of eight months cannot be believed. The father-PW.1 states that PW.3 was aged 17 years in the year 2022, however, the victim and her mother states otherwise," the court observed.

The Court was of the view that following the observation of the Supreme Court in the Judgment of P.Yuvaprakash’s case (supra 2), it cannot be said that the prosecution has proved the age of the victim girl as a minor

"PW.9-doctor was asked to examine PW.3-victim. She stated that there were no external injuries and hymen was not intact. According to her there was no evidence of recent sexual intercourse but probability of sexual assault could not be ruled-out. She did not find any signs of forcible intercourse or that the victim girl was forcibly being raped by tying her legs and hands," the court observed.

The appeal was accordingly allowed.

Cause Title: Amgothu Vinod vs. The State of Telangana

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