POCSO Convictions Set Aside: Rajasthan High Court Finds Minority Not Proved and Forensic Samples Unreliable

A Child Helpline worker reported that a girl, referred to as 'R', told her during counselling that she had been kept in the second appellant's house, assaulted and sexually exploited by several persons (para 2). The girl had been found at a railway station and kept at a children's home for about two weeks before the FIR (paras 7, 33). Eight persons were tried; the trial court acquitted five and convicted the three appellants, imposing life imprisonment under Section 376 IPC in view of Section 42 of the POCSO Act (paras 1-2). The appellants challenged the delays, the shifting versions, the identification parade, the forensic evidence and the finding that she was a minor (para 5).

The Court found no explanation why the matter was not reported to the police when the girl was found, or why the FIR came days after the Child Helpline's communication, which was not shown to be a verifiable e-mail (paras 33-34). Her Section 161 and Section 164 statements differed materially, and her trial testimony showed improvements and selective accusation (paras 35-36). Her birth documents were not exhibited, and the ossification test put her at 14-16 years; applying Rajak Mohammad and adding two years to the upper limit, she was held not to be below 18 (paras 37-42). Samples taken weeks after the incident and sent to the laboratory after unexplained delay were treated as contaminated; following Prakash Nishad, the FSL reports could not be relied upon (paras 43-47). The identification parade and the implication of persons not named earlier raised doubts about police influence (para 48). Applying the sterling-witness test in Nirmal Prem Kumar, her testimony was found insufficient, and the investigating officer's explanation of the delays did not inspire confidence (paras 49-52).