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GOUTAM BHADURI, SANJAY S. AGRAWAL
Rostam @ Bablu S/o Nijamuddin Ansari – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY S. AGRAWAL, J.
1. Since both these appeals have been preferred against the judgment of conviction and order of sentence dated 13.12.2019 passed by the Special Judge (POCSO Act, 2012), Pratappur, District Surajpur (C.G.) in Special Criminal Case No. 02/2019, therefore, they are being disposed of by this common order.
2. In Rostam @ Bablu vs. State of Chhattisgarh, CRA No. 52/2020 the appellant has been convicted and sentenced as under:
| Conviction | Sentence |
| U/s 363 of IPC | R.I. for 5 years and fine amount of Rs. 500/- and in default of payment to fine further R.I. for 3 months |
| U/s 366 A of IPC | R.I. for 7 years and fine amount of Rs. 500/- and in default of payment of fine further R.I. for 3 months |
| U/s 376(2)(n) of IPC | Life imprisonment and fine amount of Rs. 2000/- and in default of payment of fine further R.I. for 6 months. All sentences directed to run concurrently. |
Mesraj @ Misraj Ansari and Others vs. State of Chhattisgarh, CRA No. 127/2020 the appellants have been convicted and sentenced as under:
| Conviction | Sentence |
The validity of consent in cases involving minors and the admissibility of official records as evidence.
The prosecution must prove the victim's age beyond reasonable doubt; reliance on official records alone is insufficient without corroborative evidence.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The prosecution failed to prove the age of the prosecutrix was below 18 years and that the appellant committed forcible sexual intercourse, leading to the acquittal of the appellant.
The prosecution failed to prove the prosecutrix's age under 18 years and her consent negated the charges of abduction and sexual assault.
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
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