Rampal v. State of Uttarakhand, 2025
The Court’s remarks calling the conviction “shocking” and “based on no evidence” highlight the imperative of adhering to due process, even in socially sensitive prosecutions.
Judgement Details
Court
High Court of Uttarakhand
Date of Decision
24 October 2025
Judges
Chief Justice G. Narendar and Justice Alok Mahra
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The informant, father of the victim, lodged an FIR alleging that his minor daughter had absconded with the appellant, Rampal, on 1 January 2022.
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The victim was later traced in the company of the appellant on 23 January 2022, and Rampal was arrested the same day.
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Following investigation, a charge-sheet was filed against the appellant under Sections 363 and 376(2)(n) of the IPC, and Section 5(l) of the POCSO Act, 2012.
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The trial court convicted the appellant for all charges and sentenced him accordingly.
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Aggrieved, the appellant filed a criminal appeal before the Uttarakhand High Court, accompanied by an interim application under Section 389 CrPC, seeking suspension of conviction and sentence.
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Significantly, the victim herself appeared before the High Court, requesting release of the appellant, referring to him as her husband, and pleaded that she had suffered immense emotional and social trauma due to his imprisonment under the stringent provisions of the POCSO Act.
Issues
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Whether the conviction of the appellant under Sections 363, 376(2)(n) IPC and Section 5(l) of the POCSO Act was supported by any credible or admissible evidence on record?
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Whether the trial court’s findings were sustainable in light of the absence of forensic, medical, or testimonial evidence linking the accused to the alleged offences?
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Whether the High Court, pending appeal, could suspend both conviction and sentence in a case under the POCSO Act, especially when the victim herself supported such a request?
Held
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The impugned conviction and sentence passed by the trial court were suspended.
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The appellant, Rampal, was granted interim bail pending the outcome of the appeal.
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The Bench concluded that the finding of guilt under Section 5(l) of the POCSO Act was unsustainable in law, given the absence of evidence of penetrative sexual assault or any credible proof linking the accused to the offence.
Analysis
- This judgment is a strong judicial critique of evidentiary standards applied by trial courts in POCSO cases. The High Court underscored that while offences against minors must be treated seriously, convictions cannot rest on presumptions or unsubstantiated inferences.
- The Court’s remarks calling the conviction “shocking” and “based on no evidence” highlight the imperative of adhering to due process, even in socially sensitive prosecutions.
- Importantly, this is one of the rare cases where the victim herself sought suspension of the accused’s sentence, and the Court balanced humanitarian concerns with the requirement of legal fairness.
- The ruling also reiterates the importance of Proper exhibition of documents and statements under Section 164 CrPC. The Forensic linkage between the accused and the alleged act. It was ensuring that convictions are evidence-based, not assumption-based.
- By suspending the conviction, the Court preserved the presumption of innocence pending appeal, emphasizing that justice must remain evidence-driven even in emotionally charged circumstances.