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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
SHAILESH P. BRAHME
XYZ – Appellant
Versus
State Of Maharashtra, Through, the Police Inspector, Jamner Police Station – Respondent
| Table of Content |
|---|
| 1. judgment relates to challenge of summary report. (Para 2 , 3) |
| 2. multiple offences involving victim and accused. (Para 4 , 5 , 6 , 7) |
| 3. arguments on fairness and adequacy of investigation. (Para 8 , 9 , 10) |
| 4. discrepancies in victim's age and identity. (Para 11 , 12 , 13) |
| 5. legal interpretation of age determination. (Para 14 , 15 , 16) |
| 6. assessment of ossification test significance. (Para 17 , 18) |
| 7. role of victim and potential manipulation. (Para 19 , 20 , 21) |
| 8. consideration of motives behind allegations. (Para 22 , 23 , 24) |
| 9. rejection of previous judgments' applicability. (Para 25 , 26) |
| 10. final decision against re-investigation. (Para 27 , 28 , 29) |
JUDGMENT :
SHAILESH P. BRAHME, J.
1. Rule. Rule is made returnable forthwith and heard finally by the consent of the parties.
2. The victim and the State are challenging common judgment and order dated 09.03.2023 accepting ‘B’ summary report and rejection of permission to re-investigate in the crime. The offence in question is common, hence, I propose to decide it by common judgment by referring to papers of Criminal Application No. 661 of 2024.
3. XYZ is a victim/informant of offence bearing Crime No. 122 of 2021 lodge
Age determination for minors must prioritize official documents over medical evaluations, following the legal framework under the Juvenile Justice Act.
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
The court established that in the absence of reliable age documentation, ossification tests can be utilized to determine the age of individuals in cases involving alleged abduction or elopement, part....
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
The prosecution must prove a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
The main legal point established in the judgment is the significance of the victim's age in determining the alleged offences under the POCSO Act and the Indian Penal Code, and the reliance on the Juv....
(1) Entry of date of birth, as recorded in School Register, is relevant and admissible in evidence under Section 35 of Evidence Act.(2) Mere fact that wisdom tooth have not erupted is not of great im....
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
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