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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE
Rupchand S/o Dilip Shende – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. The appellant (accused) has preferred this appeal against judgment and order dated 19.9.2022 passed by learned Special Judge (under POCSO Act), Bhandara (learned Judge of the trial court) in Special Criminal Case No.40/2019.
2. By the said judgment impugned, learned Judge of the trial court convicted the accused under Section 376(2)(h) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay fine Rs.2000/-, in default, to undergo rigorous imprisonment for two months.
The accused is further convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act) and sentenced to undergo rigorous imprisonment for ten years and to pay fine Rs.2000/-, in default, to undergo rigorous imprisonment for two months.
3. Brief facts of the prosecution case, emerged from police papers and recorded evidence, are as under:
On 11.5.2019, the victim girl, aged about 16 years lodged a report at Bhandara Police Station alleging that in the year 2016, she left school and was working in “Komal Fruit Centre” owned by one Komal Desai. Her duty hours were 7:00 am to 12:00 am and 2:00 pm to 7:00 pm. The accused was also running
Consent obtained under a false promise of marriage from a minor is invalid, establishing the accused's guilt under relevant sexual assault laws.
The court established that unreliable age evidence and inconsistencies in the victim's account, coupled with her prior consent, undermined the conviction under the POCSO Act.
Criminal Law - Charge of Rape - Conviction Upheld - Age of Prosecutrix - Victim was at her tender age when she met the appellant on her way to school. There is no evidence at all that they were in de....
Consent obtained under a false promise of marriage can constitute rape, but the prosecution must prove foundational facts beyond reasonable doubt.
The central legal point established in the judgment is that in cases involving minors, the credibility of the victim's testimony holds significant weight, and corroboration may not always be necessar....
The prosecution must prove the age of the victim beyond reasonable doubt in cases involving sexual offences under the POCSO Act, and the absence of reliable evidence can lead to acquittal.
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