15 April 2024 Acquittal >> Criminal Law   |   Murder Homicide >> Criminal Law  

A recent appeal court judgment in India has sparked debate after overturning the conviction of a man accused of the sexual assault and murder of a 12-year-old girl. The case highlights the importance of strong circumstantial evidence in securing convictions.

The appellant, whose identity is not revealed in the judgment, was initially found guilty by a trial court under Sections 302 (murder) and 376(2) of the Indian Penal Code (IPC) and Sections 4 and 8 of the Protection of Children from Sexual Offences Act (POCSO Act).

The prosecution argued that the man had abducted, sexually assaulted, and murdered the victim. However, on appeal, the court found the prosecution's case to be lacking in crucial aspects.

The defense successfully challenged the prosecution's reliance on circumstantial evidence. The court pointed out the absence of a credible "last seen" witness placing the victim with the defendant. Additionally, inconsistencies in witness testimonies regarding the recovery of clothes and discrepancies in DNA reports raised doubts about the prosecution's narrative.

The judgment emphasized the need for a strong chain of circumstantial evidence, adhering to the established "five golden principles" (Panchsheel) for such cases. These principles require that the circumstances established be fully consistent with the guilt of the accused and leave no room for reasonable doubt about their innocence.

The court concluded that the prosecution failed to meet this burden of proof. The appeal was allowed, and the appellant was acquitted of all charges.

This case underscores the complexities of prosecuting crimes based on circumstantial evidence. While the acquittal may bring relief to the accused, it also leaves the victim's family without closure and raises questions about the effectiveness of investigation and evidence collection methods.

  Protection of Children from Sexual Offences Act, 2012