Mohan Lal Sahu v. State of Chhattisgarh
Case brief
What is this about?
Criminal appeal S.374(2) CrPC; conviction under S.12 POCSO Act 2012 and S.509 IPC set aside; acquittal for want of cogent evidence; benefit of doubt; obscene video call/chat allegation on cousin's mobile phone; audio recording provenance unproved (who recorded/played/forwarded, whose voices); victim's testimony contradicted by police statement; no recollection of chat; admissions of personal pornography viewing; no complaint, no GD entry; police-drafted written complaints; seizure inconsistencies (phone of PW-8); IO admissions of deficient investigation; WhatsApp tracing inconclusive; S.67 IT Act 2000 charge not proved; Special Court FTSC Dhamtari; Chhattisgarh High Court Bilaspur 2026; 2026:CGHC:9588; Cr.A. 2294/2023.
What did the court decide?
Appeal allowed: the impugned judgment of conviction and sentence dated 05.12.2023 is set aside and the appellant is acquitted of the charges (S.12 POCSO Act, 2012 and S.509 IPC). The appellant, already on bail, is to remain at liberty; his bail bonds shall remain operative for the next 06 months, whereafter he shall be deemed discharged if his presence is not required by any other court; the trial court record is to be returned.