Introduction:

In a significant legal development, the Bombay High Court, comprising Justice Vibha Kankanwadi and Justice Abhay S Waghwase, has issued directives to the state government to establish guidelines for conducting test identification parades (TI parades) in cases falling under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The court’s scrutiny arose from a case involving a six-year-old victim subjected to an identification process within a jail, leading to criticisms of procedural lapses. The appeal, filed by Parvej Khan against his conviction, triggered the court’s evaluation of evidence collection procedures and the adherence to POCSO Act guidelines.

Arguments Presented: 

The court expressed astonishment at the handling of the POCSO case, where a minor was made to identify the perpetrator within a jail premises, violating stipulated procedures. The justices emphasized the importance of following POCSO Act guidelines to prevent direct confrontation between the accused and the victim. Parvej Khan’s appeal raised concerns about the identification exercise, as the victim provided only general features of the culprit. The court questioned the adherence to TI parade guidelines, specifically the arrangement of dummies matching the accused’s age and physical features.

Court’s Judgment: 

The Bombay High Court critically examined the procedures followed by medical experts, police, and forensic experts in the case. It noted deviations from the Standard Operating Procedure (SOP) for evidence collection, including the use of polythene bags contrary to the SOP. The court raised concerns about delays in dispatching evidence to the forensic laboratory and questioned the overall handling, preservation, and documentation of evidence. Emphasizing lapses, the court concluded that the identity of the real culprit was not proven beyond reasonable doubt. Highlighting defects in evidence collection, the court acquitted Parvej Khan of all charges, giving him the benefit of the doubt.