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PARTH PRATEEM SAHU
Sumil Minj S/o Kendva – Appellant
Versus
State of M. P. through Police Station Dhourpur, Distt. Sarguja (CG) – Respondent
ORDER :
1. This appeal arises out of judgment of conviction and sentence dated 9.9.2000 passed by the learned 2nd Additional Sessions Judge, Ambikapur, District Surguja in S.T. No.245/99 thereby convicted accused/appellant under Sections 363, 366, 342 & 376 (1) of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo RI for 03 years; RI for 03 years, RI for 06 months and RI for 06 years and fine of Rs.200/-, in default to undergo additional RI for 01 year, respectively. All the sentences were directed to run concurrently.
2. Case of the prosecution, in brief, is that on 6.6.1999 when the prosecutrix along with her friends Hiramani (PW-2) and Virjita (PW-3) was returning her home from Kanki village market. On the way, appellant came on bicycle and caught hold of hand of prosecutrix near an agriculture field in between Kakni & Gangoli and started dragging her from her hairs. When PW-2 & PW-3 asked him not to do so, he threatened them due to which they fled from there. Thereafter, appellant forcibly took the prosecutrix with him to village Chitpur and kept her whole night in the house of one Bokhibai. Next morning appellant took the prosecutrix to his village where he
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The age of consent in sexual offenses is critical, rendering any alleged consent from a minor legally immaterial.
Prosecution must prove the age of the victim to secure conviction under relevant IPC sections; evidentiary discrepancies can lead to acquittal.
Evidence of consent and age discrepancy plays a crucial role in sexual assault convictions. The prosecution must provide conclusive evidence supporting the minor's age and lack of consent for kidnapp....
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