Omprakash Sonboir v. the State of Chhattisgarh
Case brief
What is this about?
POCSO s.8 acquittal on benefit of doubt; credibility of child victims' testimony; FIR lodged by mother 6 days after victims' police visit (only marpeet alleged then); touching allegation unsupported by PW-3 and absent from written report; blue-film/mobile allegation unproved — brother not examined, CWC record not produced, no forensic examination of seized mobile; victims tutored amid matrimonial dispute/divorce case pending in Family Court Balod; s.354 IPC conviction merged into s.8 POCSO via s.42 POCSO; co-accused woman acquitted by trial court; appeal u/s 374(2) CrPC allowed, conviction set aside; Cr. A. No.-2072 of 2023; 2025:CGHC:530; decided 03/01/2025; Chhattisgarh High Court Bilaspur; PS Gunderdehi, District Balod.
What did the court decide?
Appeal allowed; impugned judgment dated 20/10/2023 set aside; appellant acquitted of the charged offences on benefit of doubt; being in jail, he is to be released if not required in any other case; trial court record to be sent back with a copy of this judgment and compliance report.