Exorcist, Father Escape POCSO Conviction Due to Age Uncertainty

In a major legal development, the Madras High Court has cleared an exorcist and the father of a schoolgirl of charges under the Protection of Children from Sexual Offences (POCSO) Act due to doubts about the victim’s age. The court found that the prosecution had failed to prove the girl was 16 or younger when she was allegedly subjected to sexual assault and aggravated sexual assault.

The case stemmed from allegations that the girl’s father and a man claiming to be an exorcist had sexually abused her. Despite the girl’s testimony, the case encountered significant legal hurdles due to the uncertainty around her exact age. Under the POCSO Act, which is designed to protect minors from sexual offenses, the accused would only face conviction if the victim was proven to be under 18 at the time of the assault.

Justices A.D. Jagadish Chandira and K. Rajasekar, who heard the case, ruled that the prosecution had not provided sufficient evidence to conclusively establish that the girl was a minor when the offenses took place. As a result, the charges under the POCSO Act could not be sustained. However, the court did not absolve the accused of their crimes altogether. The exorcist and the father were convicted under the Indian Penal Code (IPC) for sexual assault, and both men received sentences under the applicable sections of the IPC.

While the verdict has drawn mixed reactions, with some expressing concern over the legal challenges in cases involving minors, victims’ rights groups have emphasized that the accused were still held accountable under the IPC. This case underscores the critical role of age verification in legal proceedings involving child sexual abuse.

The ruling also raises important questions about the reliability of evidence in sensitive cases, particularly when dealing with the complex issue of a child's age. In situations where key details are contested or unclear, it becomes even more difficult to achieve justice. Despite the doubts surrounding the POCSO conviction, the court's decision to convict the men under the IPC ensures they faced legal consequences for their actions.

This case highlights the need for thorough and accurate evidence collection in child sexual abuse cases, where the emotional and psychological trauma faced by the victim can complicate the presentation of facts in court.