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ANOOP KUMAR MENDIRATTA
Vipin Singh – Appellant
Versus
State – Respondent
JUDGMENT
An application has been preferred on behalf of the petitioner under Section 439 Cr.PC for grant of regular bail in FIR No.118/2021 under Sections 363/366/376/506 IPC read with Section 6 of the POCSO Act, 2012 registered at Police Station Neb Sarai.
2. A copy of the petition be supplied to the learned counsel for the prosecutrix, as prayed.
3. Learned counsel for the petitioner has claimed that the age of the prosecutrix as per the copy of the Aadhar Card in his possession is 07.03.2001 and as such, she was a major on the alleged date of incident. Reliance is also placed upon the PAN Card as well copy of the voter I.D. Card issued to the prosecutrix.
4. On the other hand, it is pointed out by the learned APP for the State that as per investigation, the copy of the Aadhar Card furnished by the prosecutrix reflects date of birth as ‘2004’. Further, as per the date of birth certificate issued by the GNCT of Delhi, the date of birth is 07.03.2004.
5. In the aforesaid background, it was directed by this Court vide order dated 27.07.2022 that it is it is imperative that the correct particulars of the date of birth of proseeutrix/victim entered in Aadhar Card be confirmed by
Bail application – FIR registered under Sections 363/366/376/506 IPC read with Section 6 of POCSO Act, 2012 – Proper determination of age of victim is important from jurisdictional perspective which ....
Proper determination of the victim's age is crucial for POCSO Act applicability and correct trial proceedings, requiring verification by UIDAI when conflicting evidence exists.
The court affirmed the accused's right to summon evidence for their defense, highlighting the importance of fair trial principles in ensuring justice.
The main legal point established in the judgment is the reliance on the Aadhaar card to ascertain the age of the prosecutrix as per the mandate of section 94 of the Juvenile Justice Act.
The court ruled that the School Leaving Certificate and Higher Secondary documents are superior for age determination, while the Aadhar card is not conclusive proof of date of birth.
The central legal point established in the judgment is the significance of evidence, age determination, and the presumption as to certain offences under the POCSO Act in the context of a bail applica....
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
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