Court Criticizes Lapse in Considering Key Evidence in POCSO Case Acquittal.
Allahabad High Court.
The Allahabad High Court has expressed serious concerns over a trial judge’s failure to discuss the victim’s injury report in a POCSO (Protection of Children from Sexual Offences) Act case, where the accused was acquitted. Taking strong exception to this oversight, the Court has sought an explanation from the presiding officer regarding the failure to consider the medico-legal report, which could have been crucial in the judgment.
The issue came to light when the Court was hearing a government appeal challenging the trial court’s April 2025 acquittal of the accused, Kalimullah Ansari. Despite the victim’s medical examination and the defense accepting the genuineness of her injury report, the trial court failed to mention or discuss the injuries sustained by the victim.
Allahabad High Court’s Observations
The bench of Justice Salil Kumar Rai and Justice Ajay Kumar-II found it concerning that the trial court’s judgment did not refer to the injuries found on the victim’s body, which were documented in the medico-legal report. Citing specific Circular Letters issued by the High Court, the bench noted that judicial officers are required to reproduce details from injury reports in their judgments, which was clearly not done in this case.
The Court found it particularly “strange” that the trial court had neglected to summon the doctor who prepared the medical report as a court witness, a step that is vital to explain the nature and extent of the victim’s injuries during the trial.
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The Court’s Direction
The Allahabad High Court called for an explanation from the trial judge for failing to mention and discuss the victim’s injuries, which were important evidence in the case. The Court has directed that the trial court’s records be summoned immediately for further scrutiny, and the matter is now scheduled for hearing on April 15.
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