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ARVIND KUMAR VERMA
Dhanjuram Tandan S/o Late Budharu Tandan – Appellant
Versus
State of Chhattisgarh – Respondent
Certainly. Based on the provided legal document, here are the key points:
The prosecution must establish conclusive evidence regarding the victim's age and the absence of consent in cases of sexual assault. Insufficient evidence in these areas can lead to acquittal (!) (!) .
The court emphasized that reliance solely on school records, such as the Dakhil Kharij register, without corroborating testimony from the author of the record or other reliable evidence, is inadequate to prove the victim's age (!) (!) .
Medical evidence, including ossification tests, cannot be the sole basis for determining age, and such tests are only useful as guiding factors in the absence of documentary proof (!) .
The burden of proof lies with the prosecution to conclusively establish that the victim was a minor at the time of the incident. In this case, the prosecution failed to produce legally admissible and conclusive evidence of the victim's minor status (!) (!) .
The court noted that the victim's own testimony indicated a consensual relationship, and she was not subjected to forcible sexual acts. The medical examination did not reveal signs of forcible intercourse (!) (!) .
Since the evidence did not conclusively prove that the prosecutrix was a minor, the charges under laws pertaining to sexual assault and abduction could not be sustained, leading to the acquittal of the appellant (!) (!) .
The appellate court set aside the conviction and ordered the appellant's release, emphasizing that the standard of proof for establishing age is high and requires credible, admissible evidence (!) .
The court also directed the appellant to furnish a personal bond and surety, in accordance with procedural provisions, for a specified period (!) .
The record and the judgment are to be sent back to the trial court for compliance and further necessary action (!) .
These points highlight the importance of reliable evidence in establishing critical facts such as age and consent in cases of sexual offences, and the necessity for the prosecution to meet the burden of proof with credible documentation.
ORDER :
1. This criminal appeal has been preferred by appellant against the judgment of conviction and order of sentence dated 18.01.2019, passed by learned 7th Additional Sessions Judge, Raipur, (CG) in Special Cr. Case No.186/2016, whereby the appellant stands convicted and sentence as under:
Conviction Sentence
U/s 363 of IPC Rigorous imprisonment for 02 years & fine of Rs.500/-, in default of payment of fine 1 month additional RI.
U/s 366 of IPC RI for 03 years & fine of Rs.1,000/-, in default of payment of fine 02 months additional RI.
U/s 506 of IPC RI for 02 years & fine of Rs.500/-, in default of payment of fine 1 month additional RI.
U/s 6 of POCSO Act Rigorous imprisonment for 10 years & fine of Rs.5,000/-, in default of payment of fine 03 months additional RI.
All the sentences directed to run concurrently
2. The prosecution case, in brief, is this that complainant (father of victim) lodged missing report to the concerned Police Station mentioning therein that on 19.12.2015 at morning her minor daughter went out from the house without intimating anything to her family members and did not return back. Based upon report, initially the Police registered FIR for offence under Sectio
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 provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
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....
The importance of proving the prosecutrix's age and the need for corroboration in her statements to establish guilt beyond reasonable doubt.
The sole testimony of a prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
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