Proceedings sans proof amount to miscarriage of justice, rules HC; quashes Pocso case

Dehradun: The Uttarakhand High Court has quashed criminal proceedings against an applicant in a special sessions trial, holding that the evidence on record did not disclose any offence against him. The court observed that continuing the case would amount to an abuse of the judicial process.

The order, passed by Justice Alok Mahra on May 2, pertained to a 2018 criminal case. The matter originated from an FIR lodged in Dehradun by a man reporting his daughter missing. The complaint alleged that accused Nitesh Chauhan had enticed the minor girl away. During investigation, the girl was found at Chauhan’s residence, leading to a chargesheet filed on Dec 20, 2018. The trial proceedings were subsequently challenged before the HC.

Counsel for the applicant argued that in her statement under CrPC Section 164, the girl had clearly stated that she left home voluntarily due to differences with her mother and brother. She said she went to Chauhan’s house on Sept 24, 2018, and stayed there until Oct 7, 2018, of her own free will, without inducement, coercion or force.

The HC noted that in her deposition before the trial court, the girl made no allegations against the applicant. On examining the record, the court found no material suggesting wrongful confinement or any act that could attract provisions of the alleged offences.

The HC emphasised that the victim’s statement and testimony completely exonerated the applicant, with no attribution of inducement, confinement, or participation in the alleged incident.

Holding that the uncontroverted allegations and collected evidence did not establish any offence, the HC ruled that continuing the proceedings would cause unnecessary harassment and amount to a miscarriage of justice. Consequently, it quashed the entire trial against the applicant.
Follow the latest election results 2026, live updates, winner lists, constituency-wise results, party-wise trends and full coverage for Tamil Nadu election results, West Bengal election results, Kerala election results, Assam election results and Puducherry election results results on Times of India.