Prayagraj- The Allahabad High Court has acquitted Kuntesh in a high-profile POCSO case involving the alleged rape of an eight-year-old girl in Auraiya district, Uttar Pradesh, observing significant infirmities in the prosecution's case, including improvements in the victim's statements and absence of supporting medical evidence.
In its judgment delivered on June 3, a division bench comprising Justices Siddhartha Varma and Jai Krishna Upadhyay allowed the criminal appeal filed by Kuntesh against his conviction and life sentence by the Special POCSO Court in Auraiya. The court set aside the January 31, 2019, order and directed his immediate release if not required in any other case.
The incident was reported on May 9, 2017, when the minor girl had gone to a local shop and allegedly faced assault near the appellant's house. The FIR was initially registered under Sections 323 and 354-B of the IPC and Sections 7/8 of the POCSO Act, with Section 376 IPC added later based on the victim's statement under Section 164 CrPC.
The High Court meticulously examined the evidence and found glaring inconsistencies that undermined the prosecution's narrative. The bench noted that the victim's father (PW-2), who lodged the initial complaint, made no mention of rape despite the victim accompanying him to the police station.
The court observed: “Even if a margin is given for the initial reluctance to disclose a sexual offence, the father during his deposition before the Trial Court completely confined his testimony to his original written complaint and did not state anything regarding the commission of rape till the very end.”
Further, the bench pointed out improvements in the child's statements: “The allegation of rape was introduced for the very first time in her statement under Section 164 Cr.P.C. before the Magistrate, and subsequently in her court testimony.”
Emphasizing the need for caution with child witnesses, the court stated that while the testimony of a child can form the basis of conviction if the witness is “sterling,” the victim here did not meet that standard due to the step-by-step improvements. It referenced Supreme Court precedents, including Rai Sandeep @ Deepu v. State (NCT of Delhi) and recent rulings stressing that the testimony must inspire absolute confidence.
The bench applied the principle that when two views are possible, the one favourable to the accused must be adopted, granting Kuntesh the benefit of doubt.
Medical testimony from two doctors provided no conclusive corroboration. The court recorded: “The Medical Officer conducted medical examination of the victim and explicitly stated that it is not necessary that rape had been committed against her.”
It further noted the absence of internal or external injuries, intact hymen, and no seminal fluids, which, combined with other circumstances, “cast a shadow of doubt on the case of the prosecution.”
The bench applied the principle that when two views are possible, the one favourable to the accused must be adopted, granting Kuntesh the benefit of doubt.
The Special POCSO Court had convicted Kuntesh under Sections 323, 376 IPC, and Section 3/4 of the POCSO Act, sentencing him to life imprisonment with fines. The High Court found the trial court’s appreciation of evidence unsustainable.
“In the absence of definitive corroborative medical evidence, and viewing the improvements in the child witness's testimony and other circumstances of the case including the statements of father of the victim, it becomes highly unsafe to sustain the conviction of the accused-appellant,” the judgment stated.
The appeal was allowed, the conviction and sentence quashed, and Kuntesh directed to be released forthwith. His bail bonds were cancelled, and sureties discharged. A certified copy was ordered to be sent to the trial court for compliance.
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