The prosecution must provide credible evidence to prove a victim's age under POCSO, as failure to establish this undermines the validity of sexual offense charges.

JUDGMENT :

G.BASAVARAJA, J.

The appellants have preferred these appeals against the judgment of conviction and order on sentence dated 14^th September, 2021 passed in Spl.C.No.164 of 2018 by the Principal District and Sessions Judge & Special Judge for POCSO Cases, Chamarajanagara (for short "the trial Court").

2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

3. Brief facts leading to this appeal are that, Chamarajanagara Town Police submitted the charge-sheet against the accused 1 and 2 for the offences punishable under Sections 363, 366, 368, 114, 341, 376 of Indian Penal Code and Sections 4, 8, 12 and 17 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act").

4. It is alleged by the prosecution that, PWs2 and 3 are the parents of the victim. The date of birth of the victim girl is 14^th April, 2003. The victim girl was studying in JSS College at Chamarajanagara and used to go to college by bus. It is further alleged that the accused was teasing and talking with victim girl while she was going to the college and was also saying that he loves her, likes her and wants to marry her. On 11^th July, 2018 when the victim girl was going to school, at that time, accused took her in a bus, assuring to take her to Mysuru. Instead of going to Mysuru, he took her to Kodi Moulay Village to the house of accused No.2. When the victim girl asked accused No.1 as to why he brought her to Kodi Moulay Village, he told that a car will come there, thereafter they will go to Male Mahadeshwara Temple, get married and later go to Mysuru. They stayed in the house of accused No.2 for about 7 days. Accused No.1 had sexual intercourse with victim girl in the house of accused No.2. The mother of the victim girl has lodged missing complaint. Upon registration of the missing complaint, Police visited the house of victim girl and drawn spot mahazar in the said place. Thereafter, during the course of investigation, police secured the presence of the victim girl and accused and brought them to Chamarajanagara Police Station on 18^th July, 2018 and they called the parents of the victim girl and in their presence, the women police recorded the statement of victim. In her statement, she has stated that accused No.1 forcibly took her to Kodi Moulay village and confined her in the house of the accused No.2 and there, the accused No.1 had sexually assaulted the victim. On coming to know that accused No.1 had sexual intercourse with the victim girl, they have registered the case against the accused No.1 for the offence punishable under Section 376 Indian Penal Code and under the provisions of POCSO Act. During the course of recording of the statement of the victim girl, police have also taken photographs. Thereafter, victim girl was sent to medical examination in the presence of her mother. Thereafter, police took the victim girl to the Court for recording the statement under section 164 of Code of Criminal Procedure.

5. The police took the victim girl to Kodi Moulay village to the house of accused No.2 where the accused No.1 had sexual intercourse with the victim girl, mahazar was conducted in the presence of the panchas and the mother of the victim girl. During the process of drawing mahazar, they have taken the photographs. The victim girl has handed over the clothes which were worn by her while she was in the house of the accused No.2. Thereafter, the police have also recovered the school bag along with which the victim girl was kidnapped by the accused No.1 and sent the accused No.1 for medical examination. During the process of investigation the Investigating officer has also recor