Shimla, May 29,
In a noteworthy judgment, the Himachal Pradesh High Court acquitted Nasib Kumar, who had been convicted under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The decision overturns the earlier ruling by the Special Judge, Fast Track Special Court, Kangra at Dharamshala, which had sentenced Kumar to ten years of rigorous imprisonment and a fine of ₹10,000.
The High Court’s ruling came after careful examination of the evidence and testimony presented during the trial. The bench, comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla, found inconsistencies and unreliability in the testimony of the victim, who was a minor at the time of the incident. The trial court had previously acquitted other accused persons based on the same testimony deemed unreliable for Kumar’s conviction.
The case dates back to June 2014, when the victim was reported missing by her father. She was later found at the residence of Nasib Kumar. Despite her allegations of kidnapping and sexual assault, the High Court noted discrepancies between her initial statements and later testimonies. Furthermore, the medical evidence did not conclusively link Kumar to the crime.
The High Court emphasized that the principle of parity in legal proceedings necessitates consistent judgments for similar evidence against multiple accused. It highlighted that the same evidence, which led to the acquittal of other accused, could not justly convict Kumar without corroboration.
The Court also cited the Supreme Court’s stance in the case of Javed Shaukat Ali Qureshi v. State of Gujarat, asserting that identical evidence against multiple accused should lead to similar outcomes.
With this judgment, Nasib Kumar has been ordered to be released from custody, provided he is not required in any other case. The court also directed a refund of the fine amount if no appeal is filed within the stipulated period.
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