Hostile Testimony Of Prosecutrix is a Ground for Bail In POCSO Case: Chhattisgarh HC

The Chhattisgarh High Court reinforced the principle that a material shift in the prosecutrix's testimony during trial can significantly benefit the accused, even in grave offences of POCSO Act. By granting regular bail to an applicant after the victim turned hostile in the witness box, the Bench highlighted that prolonged incarceration during a trial where the primary evidence is undermined necessitates judicial intervention.

In a hearing presided over by Justice Rakesh Mohan Pandey, the Court considered the first bail application of an applicant who had been in custody for over a year. The case involved allegations of kidnapping and sexual assault under the new penal framework and specialized protection laws.

Key Takeaways

Impact of Hostile Witnesses

Where the star witness or prosecutrix fails to support the prosecution's version during cross-examination, the strength of the case for continued detention is substantially weakened.

Trial Duration vs. Liberty

Long-term incarceration since March 2025, coupled with the fact that the charge-sheet is already filed, makes a compelling case for bail to prevent pre-trial punishment.

Procedural Compliance

The transition to Bhartiya Nagarik Suraksha Sanhita, 2023 for procedural reliefs like bail is now the established norm for crimes registered under the new criminal laws.

Witness Testimony and Bail in POCSO Case

The Bench took note of the fact that the prosecutrix had already been examined before the Trial Court. Despite the victim's previous objections raised via video conferencing, her formal deposition in court did not align with the prosecution's narrative. The Court observed that the applicant had no prior criminal history and the trial was not expected to conclude imminently.

The Chhattisgarh High Court, in its reasoning, observed that “...from perusal of the evidence of the victim recorded before the learned Trial Court, it appears that victim has not supported the case of prosecution and denied the suggestions put forth by the public prosecutor. Also considering the fact that the charge-sheet has already been submitted before the competent Court and the applicant has been in jail since 28.03.2025, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.”

Ratio

In cases involving serious charges under the POCSO Act and Bhartiya Nyaya Sanhita, 2023, if the prosecutrix turns hostile during the trial and the accused has suffered significant pre-trial detention without criminal antecedents, the accused is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 to ensure a fair balance between the state's interest and personal liberty.

Background

The dispute originated from a complaint lodged on March 28, 2025, by the father of a minor girl who went missing from her home. Initially, a case was registered under Section 137(2) of the Bhartiya Nyaya Sanhita, 2023. During the investigation, the police alleged that the applicant had developed a physical relationship with the minor on the pretext of marriage, leading to the addition of Section 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act.

The applicant’s counsel argued that he was a 23-year-old youth falsely implicated and emphasized that the prosecutrix did not support the prosecution's story in her court statement. The State opposed the bail, citing the gravity of the sexual assault on a minor. However, acknowledging the evidentiary shift and the duration of custody, the Chhattisgarh High Court allowed the bail application subject to a personal bond of Rs. 50,000.

Case Details:
Case No.: MCRC No. 5920 of 2026
Neutral Citation: 2026:CGHC:40391
Case Title: Umesh Kodaku vs. State Of Chhattisgarh
Appearances:
For the Petitioner(s): Mr. Hariom Rai, Advocate
For the Respondent(s): Ms. Priya Sharma, P.L.

Source: 2026 CaseBase(CTH) 17070