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RAJANI DUBEY
Jageshwar, S/o Khorbahara Nishad – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. The present appeal under Section 374(2) of Code of Criminal Procedure has been filed against the judgment of conviction and order of sentence dated 05.04.2003 passed by 1st Additional Sessions Judge Raipur, District- Raipur (C.G.) in Sessions Trial No. 110/2001 whereby, the trial court has convicted the appellant and sentenced him as under:-
| Conviction | Sentence |
| U/s 498-A of IPC | R.I. for 2 years with fine of Rs.500/- and in default of payment of fine, additional R.I. for 3 months |
| U/s 304-B of IPC | R.I. for 7 years |
2. Facts of the case in nut shell are that the prosecutrix was residing at Village Bharwadih with her parents and was studying in 8th class. The appellant/accused was also residing in the same village and was secretary of the Gram Panchayat of Bharwadih and he was married. Two months prior to 07.10.2000, the appellant used to talk to the prosecutrix and on the false pretext of marriage, he took the prosecutrix with him to various places and committed sexual intercourse with her. Thereafter, the matter was reported to the police station and FIR bearing Crime No. 192/2000 was registered for the offence under
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 must prove the age of the victim and the absence of consent beyond reasonable doubt; insufficient evidence leads to acquittal.
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 must prove the victim's age beyond reasonable doubt; reliance on official records alone is insufficient without corroborative evidence.
The importance of proving the prosecutrix's age and the need for corroboration in her statements to establish guilt beyond reasonable doubt.
The prosecution failed to prove the prosecutrix's age under 18 years and her consent negated the charges of abduction and sexual assault.
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