Supreme Court restores conviction in Bihar POCSO rape case, ensuring justice for minor victim.
SC RESTORES TRIAL COURT VERDICT IN MINOR RAPE CASE – REAFFIRMS POCSO PROTECTION
CASE SUMMARY – The Supreme Court in Sushil Kumar Tiwari v. Hare Ram Sah & Ors. (2025) restored the conviction of two men for repeatedly raping a 12–15-year-old girl, resulting in pregnancy and abortion. While the Trial Court had sentenced them to life imprisonment under IPC Section 376(2) and POCSO Act Sections 4 & 6, the Patna High Court acquitted them citing procedural defects and evidentiary inconsistencies. The Apex Court held that the victim’s consistent testimony, corroborated by medical records, proved the offences beyond doubt. It emphasized that justice cannot be derailed by technicalities, ordering the accused to surrender within two weeks.
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| ASPECTS | DETAILS |
| Case Title | Sushil Kumar Tiwari vs. Hare Ram Sah & Ors. |
| Introduction | The case concerns heinous sexual offences against a minor girl (appellant’s daughter). It highlights procedural lapses, evidentiary inconsistencies, and the balance between procedural law and substantive justice. |
| Factual Background | In 2016, the minor victim was raped multiple times by the respondents. She became pregnant, which was discovered through medical examination. FIR was filed in Bhojpur, Bihar. Trial court convicted the accused under IPC 376(2) and POCSO Act, awarding life imprisonment. |
| Legal Issues |
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| Applicable Law |
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| Analysis | Supreme Court held that minor inconsistencies should not invalidate credible testimony of the victim, especially corroborated by medical evidence. High Court erred by overemphasizing procedural lapses. Victim’s age (12–15 years) proved she was a minor. Pregnancy and abortion were duly established. Joint trial may have been irregular but caused no prejudice. |
| Conclusion | The acquittal by the High Court was set aside. Trial Court’s conviction and sentencing of respondents restored. Court emphasized that procedure should not defeat substantive justice. |
| Current Scenario | Respondents ordered to surrender within 2 weeks (Sept 2025). Trial court conviction (life imprisonment under IPC & POCSO) stands reinstated. |
“Procedure is not supposed to control justice.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – IPC Sec. 376(2) (Rape)
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