GOVERNMENT OF GUJARAT vs NAVINKUMAR SHANABHAI PAGI Advocate - D A SHETH — 9/2026

CASE SUMMARY: Special POCSO Case No. 9/2026 Court Decision The Special Judge (POCSO) Court in Godhra acquitted the accused Navinkumar Shanabhai Pagi on June 3, 2026, finding the prosecution failed to prove the victim was a minor at the time of the alleged offence, which was a foundational requirement for conviction under the POCSO Act and charges of kidnapping/rape. Key Reasoning The court found critical deficiencies in the prosecution's case: 1. Victim's Age Not Proven: School records showed the victim's birth date as 21/4/2010, but this was based on information provided by the parents without documentary evidence of how this date was determined. The Talati (revenue officer) admitted during cross-examination that the basis for recording this date in the village register was unclear. 2. Contradictory Medical Evidence: Ossification tests indicated the victim's age was 15-18 years, but the court noted such medical evidence is not conclusive and must be considered with other material evidence. 3. Victim's Testimony Unreliable: The victim gave contradictory accounts in her FIR statement (under Section 164), magistrate's statement, medical examination history, and court testimony regarding key facts like whether the relationship was consensual, number of times sexual contact occurred, and locations. 4. Procedural Deficiencies: Critical investigative steps were omitted—the village sarpanch's statement was not recorded, the wadi owner where alleged assault occurred was not examined, and the FIR was filed five days late. Conclusion Without proof beyond reasonable doubt that the victim was a minor, the foundational facts for POCSO Act violations and kidnapping charges could not be established. The accused was therefore acquitted and discharged. This case analysis is maintained by casestatus.in based on publicly available court records.