The Uttarakhand High Court has ordered the release of a man who was sentenced to 20 years in prison under the Protection of Children from Sexual Offences Act, 2012 (POCSO) after finding that the conviction was based on no solid evidence. The court&rsquo;s decision came after his wife, who was also listed as the victim in the case, made an emotional appeal for his release.
The Division Bench of Chief Justice G Narendar and Justice Alok Mahra suspended the sentence, stating that the case lacked key evidence. &ldquo;In the absence of critical evidence relating to the place of the offence or any forensic proof linking the accused to the crime, we find the judgment of conviction more than shocking,&rdquo; the court observed.
The case began in 2022 after the woman&rsquo;s father filed a complaint alleging that the accused, who later became her husband, had taken her away. The man was booked under kidnapping and rape charges of the Indian Penal Code and Section 5(I) of the POCSO Act. A trial court convicted him in January 2024 and sentenced him to 20 years of rigorous imprisonment.
However, the High Court pointed out that during the trial, the woman had turned hostile and denied all allegations. It noted that her statement under Section 164 of the Code of Criminal Procedure, 1973 (CrPC) was not even formally included as evidence, yet the trial court relied on it to convict the man.
The judges also questioned the forensic evidence presented. While traces of human semen were found on the victim&rsquo;s clothes, there was no proof linking it to the accused. The woman also denied any physical relationship with him.
&ldquo;The trial court appears to have made assumptions rather than relying on clear evidence,&rdquo; the High Court said, adding that the contradictions in statements and lack of forensic proof made the conviction unsustainable.
The woman told the court she was struggling to survive on her own and working as a housemaid to support her husband&rsquo;s legal fight. She said the conviction had left her in a desperate situation.
Considering these factors, the High Court suspended the sentence and ordered the man&rsquo;s immediate release on a personal bond of ₹10,000. His lawyer also requested that the bond amount be deposited under Section 445 of the CrPC, given his difficult background, which the court accepted.
The court is also hearing a separate public interest litigation challenging the arrest of teenagers in consensual relationships under the POCSO Act. The case highlights growing concerns over the application of the law in situations involving young couples.
Advocate Priyanshu Gairola represented the accused. Advocate Manisha Bhandari appeared for the PIL, while the State was represented by Deputy Advocate General JS Virk.

Uttarakhand HC releases man after wife pleads

Court calls conviction under POCSO “shocking” and orders release due to lack of evidence

Uttarakhand HC releases man after wife pleads

Court calls conviction under POCSO “shocking” and orders release due to lack of evidence

October 18, 2025 | 12:05 IST