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RAMESH SINHA, ARVIND KUMAR VERMA
Aman Yadav S/o Santosh Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Arvind Kumar Verma, J
Heard.
1. This criminal appeal preferred under Section 374(2) of the Cr.P.C is against impugned judgment of conviction and order of sentence dated 15/12/2021 passed in Special Sessions Case No. 109/2018 by the learned Additional Sessions Judge Second Fast Track Special Court (POCSO Act) District Durg (C.G.), whereby the appellant has been convicted under Sections 363, 366A & 376(3) of the IPC & Sections 5(B ) & 6 of the POCSO Act, however, the appellant has been sentenced to undergo rigorous imprisonment for 20 years with fine of Rs. 10,000/- under Section and 376(3) of the IPC, rigorous imprisonment for 3 year with fine of Rs. 2,000/- under Section 363 of the IPC and rigorous imprisonment for 5 years with fine of Rs. 4000/- under Section 366(A) of the IPC, with default stipulations.
2. The case of the prosecution in brief is on 10/09/2018 at about 08:30 pm, the prosecutrix aged about 13 years after taking a bag along with him, left her house without informing to anyone. When she did not return and her whereabouts could not be traced out, a missing report was lodged, which was taken into investigation by the Police. While the investigation was going on,
The main legal point established in the judgment is the determination of the appellant's juvenile status and the application of the Juvenile Justice (Care and Protection) Act, 2015 in providing appro....
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
The court emphasized the necessity for the prosecution to prove the victim's age and elements of force beyond reasonable doubt in cases involving sexual offenses against minors.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
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 credibility and acceptability of evidence, especially regarding the age of a minor, are crucial in cases involving offenses against children.
Attempt to outrage modesty of minor girl – Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions.
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
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