Introduction:

The Madhya Pradesh High Court has acquitted a father in a rape case involving his daughter, stating that the prosecution failed to establish even the ‘foundational facts’ against him. The court expressed doubt about the credibility of the daughter’s version, suggesting that the father might have been implicated for raising concerns about her conduct. The division bench of Justices Sujoy Paul and Vivek Jain set aside the conviction, highlighting inconsistencies in the prosecutrix’s statement, lack of witness support, and procedural lapses.

Arguments:

The defense argued that the prosecutrix’s deposition lacked the required ‘sterling quality,’ referencing the Rai Sandeep v. State (NCT of Delhi) (2012) precedent. The daughter’s cross-examination revealed contradictions, including admitting to a physical relationship with another boy and agreeing that her father disapproved of it. Medical evidence failed to corroborate assault injuries, and key family members couldn’t support the prosecution’s version. The court raised concerns about a composite question under Section 313 Cr.P.C and emphasized the importance of following the natural justice principles.

Court’s Judgement:

The High Court questioned the lower court’s judgment, emphasizing the prosecutrix’s failure to provide credible testimony. It criticized the handling of Section 313 questioning and noted discrepancies in the FSL report. The court rejected the presumption under Sections 29 & 30 of the POCSO Act, asserting that foundational facts were not established. While acknowledging the prosecution’s failure to conduct a DNA test, it clarified that no adverse inference could be drawn solely for this reason. Consequently, the court allowed the criminal appeal, setting aside the life imprisonment sentence and fine imposed on the father.