Accused in POCSO Case Acquitted as Innocent After Long Legal Battle
The Protection of Children from Sexual Offences (POCSO) Act was enacted to safeguard children from sexual abuse and exploitation. While the object of the legislation is undoubtedly noble, the harsh reality is that its implementation often operates in a manner where the accused is presumed guilty until proven innocent. In practice, the law creates a situation where individuals find themselves trapped in a social and legal stigma even before the charges are established. Very rarely does an accused fight such cases until the end, as most are compelled to succumb to settlements, compromise, or prolonged incarceration.
Against this background, the recent acquittal in a POCSO case, secured by the relentless advocacy of Advocate Haraprasad Panda, stands out as an exceptional victory. It demonstrates that with strong legal strategy and reliance on sound judicial precedents, truth can emerge victorious even in cases where the odds are stacked against the accused.
Case Background
On 09.09.2025, the Court of the Ad-hoc Additional District & Sessions Judge, F.T.S.C.-II, Cuttack, acquitted the accused from all charges under Sections 384/506 of the IPC (extortion and criminal intimidation), Section 12 of the POCSO Act, and Sections 66(E)/67 of the IT Act.
The prosecution alleged that during a past romantic relationship, the accused had captured intimate photographs and videos of the complainant. It was further alleged that after the complainant’s marriage on 16.02.2024, the accused demanded ₹4 lakhs by threatening to circulate the visuals. A case was registered at the Niali Police Station, and after investigation, the police filed a charge sheet on 30.09.2024.
Court’s Observations and Deficiencies in Prosecution Case
During the course of trial, the Court examined 12 witnesses from the prosecution and 2 witnesses from the defense. Several glaring contradictions and deficiencies emerged, which ultimately undermined the prosecution’s narrative.
Firstly, the complainant’s statements were found to be inconsistent and self-contradictory, thereby raising serious doubts about their credibility. Secondly, the Investigating Officer failed to seize the SIM card which was allegedly used to circulate the obscene materials, thereby leaving a critical gap in the chain of evidence.
Further, the electronic evidence produced by the prosecution—such as screenshots, call data records, and other digital extracts—was held to be inadmissible due to lack of proper certification under Section 65B of the Indian Evidence Act. The Court categorically noted that without compliance with this mandatory provision, such material could not be relied upon for conviction.
Most significantly, the Court held that the complainant was not a minor at the time of the alleged incident. This finding completely nullified the applicability of the POCSO Act, which formed the central plank of the charges.
Role of Landmark Precedents
A turning point in the defense strategy was the reliance on two groundbreaking Supreme Court judgments, which formed the backbone of the acquittal.
In Rajesh Singh vs. State of Madhya Pradesh, the Hon’ble Supreme Court categorically held that electronic evidence such as video recordings, screenshots, or call records are admissible in a court of law only when accompanied by a proper Section 65B certificate. This precedent was directly applicable, as the prosecution in the present case had failed to provide valid certification, thereby rendering their digital evidence invalid.
In Jarnail Singh vs. State of Punjab, the Supreme Court laid down a clear methodology for determining the age of a prosecutrix in cases under the POCSO Act. The Court held that documentary and medical evidence must be strictly evaluated before declaring an individual as a minor. Applying this principle, the Court in the present case concluded that the complainant was not a minor, which effectively dismantled the basis for invoking the stringent provisions of the POCSO Act.
By invoking these authoritative rulings, the defense was able to establish that the prosecution’s evidence was both legally insufficient and factually unsustainable.
Judgment and Press Coverage
Ultimately, the Court concluded that the prosecution failed to prove its case beyond reasonable doubt. The accused was acquitted of all charges, restoring his dignity and liberty after a prolonged legal battle.
The case also attracted press attention, with local newspapers reporting under the headline:
“Complaint of demanding Rs 4 lakh by threatening to make photo go viral; Accused acquitted by court.”
The news report highlighted that despite the allegations of extortion and circulation of obscene photographs, the Court found no credible evidence to substantiate the charges, leading to a full acquittal.
Significance of the Case
This case carries wider significance beyond the fate of the individual accused. It reaffirms the principle that justice must rest on evidence, not mere allegations. It also demonstrates the critical role of defense counsel in ensuring that due process is followed and that rights of the accused are protected, even under laws as stringent as the POCSO Act.
Advocate Haraprasad Panda’s determined efforts, combined with reliance on Supreme Court precedents, ensured that justice prevailed. His strategy not only brought relief to the accused but also serves as an important reminder that the presumption of innocence cannot be sacrificed at the altar of presumptions or social pressure.
Case Handled By: Advocate Haraprasad Panda
Blog Written By: Advocate Bikram Narayan Dash Chaudhury
