The Madhya Pradesh High Court's recent judgment in Manish Lodhi v. State of Madhya Pradesh establishes a critical precedent: scientific evidence - such as DNA reports and medical examinations - can override hostile witness testimonies in cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). This ruling reinforces the primacy of forensic proof in child sexual abuse cases, even when victims and their families retract statements, signaling a shift toward objective evidence over subjective testimonies in sensitive prosecutions.
Background & Facts
The Conviction
The appellant, Manish Lodhi, was convicted by the Special Judge, POCSO Act, Sagar, in Special Case No. 14/2019 for offences under Section 366A of the Indian Penal Code (IPC) and Section 376(AB) IPC read with Section 5(m)/6 of the POCSO Act. The trial court sentenced him to 10 years rigorous imprisonment for the former and life imprisonment for the latter, along with fines. The appellant filed an application under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)/Section 389(1) of the Code of Criminal Procedure (CrPC) seeking suspension of sentence and bail pending appeal.
The Dispute
The case arose from allegations of sexual assault against a minor girl. The prosecution's case hinged on the testimony of the victim and her parents, who later turned hostile during trial. The appellant's counsel argued that the case was a false implication, stemming from a property dispute and alleged illicit relationships between the families. The appellant had been in custody for four years at the time of the bail application.
Scientific Evidence
Despite the hostile witnesses, the prosecution relied on two critical pieces of evidence:
- Ossification Test Report (Ex.P/10): Certified the victim's age as 13-14 years, confirming her status as a child under the POCSO Act.
- DNA Report (Ex.P/31): Matched the appellant's blood samples with DNA found on the victim's underwear and vaginal swab, corroborating the assault.
The Legal Issue
The central question before the High Court was whether scientific evidence - such as DNA reports and medical examinations - could sustain a conviction under the POCSO Act when the prosecution witnesses turn hostile and retract their statements. Additionally, the Court had to determine if the appellant's prolonged incarceration warranted suspension of sentence pending appeal.
Arguments Presented
For the Appellant
The appellant's counsel contended that:
- The case was a false implication motivated by a property dispute and personal vendetta.
- All prosecution witnesses, including the victim and her parents, had turned hostile and did not support the prosecution's case.
- The appellant had already spent four years in custody, justifying bail under Section 430(1) BNSS/389(1) CrPC.
For the Respondent/State
The Public Prosecutor argued that:
- Dr. Akanksha Jain (PW-3), the medical examiner, had deposed that the victim showed signs of tampering with the hymen, including swelling and redness around her private parts.
- The DNA report (Ex.P/31) conclusively linked the appellant to the crime, rendering the hostile witnesses irrelevant.
- The victim's age, as certified by the ossification test, confirmed she was a child under the POCSO Act, negating any possibility of consent.
The Court's Analysis
The High Court conducted a meticulous examination of the evidence, focusing on the interplay between scientific proof and witness testimonies in POCSO cases. The Court observed:
"When this fact is taken into consideration, then even if the witnesses have turned hostile, but looking to the age of the victim as has come in the ossification test report, victim cannot be accepted to be a consenting party. She was a child in terms of the definition of a 'child' given under POCSO Act, 2012. When these facts are taken into consideration and though we are not sure as to under what context victim and her family members turned hostile, but, scientific evidence corroborates the fact that victim privacy was violated."
The Court emphasized that the POCSO Act is a special legislation designed to protect children from sexual offenses, and its provisions must be interpreted in a manner that prioritizes the best interests of the child. The DNA report and medical evidence provided objective corroboration of the assault, which the Court deemed sufficient to sustain the conviction despite the hostile witnesses. The Court also noted that the victim's age, as determined by the ossification test, precluded any possibility of consent, a critical factor under the POCSO Act.
The Court distinguished this case from precedents where convictions were overturned due to lack of corroborative evidence, highlighting that forensic proof in this case filled the evidentiary gap left by the retracted testimonies. The judgment underscores that in child sexual abuse cases, scientific evidence can serve as a standalone basis for conviction, particularly when witnesses resile from their statements.
The Verdict
The High Court dismissed the appellant's application for suspension of sentence and bail. The Court held that the DNA evidence and medical reports sufficiently corroborated the assault, overriding the hostile testimonies of the victim and her family. The appellant's conviction under Section 366A IPC and Section 376(AB) IPC read with Section 5(m)/6 of the POCSO Act was upheld, and his continued incarceration was deemed justified pending appeal.
What This Means For Similar Cases
Scientific Evidence Prevails Over Hostile Witnesses
The judgment establishes that in POCSO cases, forensic evidence - such as DNA reports, medical examinations, and ossification tests - can override hostile witness testimonies. Practitioners should note:
- DNA reports and medical evidence can serve as primary evidence in child sexual abuse cases, even if victims or witnesses retract statements.
- Courts are likely to prioritize objective scientific proof over subjective testimonies, particularly in cases involving minors.
- Hostile witnesses may not be fatal to the prosecution's case if corroborative forensic evidence is available.
Age Determination Is Conclusive Under POCSO
The Court's reliance on the ossification test report to confirm the victim's age underscores the importance of medical evidence in POCSO cases. Key takeaways:
- Age determination reports are binding for establishing the victim's status as a child under the POCSO Act.
- Consent is irrelevant if the victim is a child, as defined under Section 2(d) of the POCSO Act.
- Prosecutors should prioritize medical examinations to establish age and corroborate assault allegations.
Bail Applications Face Higher Scrutiny
The Court's refusal to suspend the appellant's sentence signals a stricter approach to bail in POCSO cases, even when witnesses turn hostile. Practitioners must:
- Anticipate higher evidentiary thresholds for bail in cases with strong forensic evidence.
- Argue the strength of scientific proof when opposing bail applications in child sexual abuse cases.
- Prepare for prolonged incarceration of convicts pending appeal if DNA or medical evidence supports the conviction.
