KATHMANDU: The Supreme Court (SC) has decided to reexamine the case involving actor Puran Bikram Shah (Paul Shah), accused of child sexual assault—a case previously resolved by the Pokhara High Court.
The joint bench of former Chief Judge Deepak Raj Acharya and Judge Shreedhar Kumar Pudasaini at the high court had previously acquitted Pal Shah.
Unsatisfied with the ruling, the Office of the Attorney General appealed to the Supreme Court, seeking a review.
The submitted petition on December 8 sought this review, and the bench of Justices Susmalata Mathema and Hari Phuyal granted permission to reassess the Pokhara High Court’s verdict.
The Supreme Court remarked that the High Court’s acquittal of Pal Shah contradicted the principles upheld by the Supreme Court. It cited inadequate assessment of evidence, flawed interpretation of laws, and a stance that opposed the principles relevant to child sexual assault cases.
“The High Court’s decision, despite the victim’s statement, affidavit, medical reports, audio recordings between the victim and the accused, and the court’s statement under Section 11 of the Evidence Act not being sufficiently appraised, ran contrary to the interpretations of substantive and criminal laws upheld by the Supreme Court. This, therefore, warranted a review,” stated the Supreme Court’s order.
Previously, the government attorney had petitioned the High Court against the Nawalpur District Court’s decision, which sentenced Paul Shah to 2 years and 6 months in prison for child rape, a fine of 25,000, and compensation of 1 million for the victim.
In response, Paul Shah had also filed an appeal. The High Court, considering both appeals, completely acquitted Paul Shah.
During the hearings at the Tanahu and Nawalpur District Courts, the minor victim withdrew her statement alleging rape. Based on this, the High Court granted the acquittal.
Comment