SHIMLA – In a significant judgment, the Himachal Pradesh High Court has acquitted Nasib Kumar, who was previously convicted under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
The verdict, announced today, overturned the earlier decision by the Fast Track Special Court in Kangra, which had sentenced Nasib Kumar to ten years of rigorous imprisonment and a fine of ₹10,000.
Background of the Case
The case began when the victim’s father reported her missing on June 16, 2014. Initially, it was claimed that the 16-year-old girl had left home to visit her maternal uncle but did not reach her destination. Her father found her room untouched, with her belongings still in place. The investigation led the police to accuse Nasib Kumar and several others of kidnapping and sexually assaulting the minor.
Trial Court’s Decision
The Fast Track Special Court in Kangra convicted Nasib Kumar in March 2021 based on the victim's testimony and other circumstantial evidence. However, the trial court found the evidence insufficient to convict the co-accused, leading to their acquittal.
High Court’s Ruling
The High Court bench, comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla, critically examined the case and noted inconsistencies in the victim's statements. The court pointed out that the trial court had found the victim's testimony unreliable regarding the other accused but still used the same testimony to convict Nasib Kumar, which was inconsistent.
Justice Rakesh Kainthla remarked, "When the testimony of the victim was not found reliable against the other accused, it couldn't have been used to convict Nasib Kumar without corroboration."
The court highlighted that there was a lack of corroborative evidence to support the victim's claims against Nasib Kumar. The medical evidence was inconclusive, and the forensic reports did not link Nasib Kumar to the alleged crime.
Importance of Consistent Testimony
Referencing the Supreme Court's ruling in the case of *Javed Shaukat Ali Qureshi v. State of Gujarat*, the High Court emphasized that similar or identical evidence against multiple accused should lead to a consistent outcome.
The court stated, “When eyewitnesses give similar evidence against two accused, the court cannot convict one and acquit the other based on the same evidence.”
The High Court concluded that the trial court had erred in its judgment. Consequently, it acquitted Nasib Kumar of all charges and ordered his immediate release from custody, provided he is not required in any other case.
The court also directed the refund of the fine paid by Nasib Kumar.
In compliance with Section 437-A of the Code of Criminal Procedure, the court instructed Nasib Kumar to furnish a personal bond of ₹25,000, effective for six months, to ensure his appearance in case of an appeal in the Supreme Court.
