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ARVIND KUMAR VERMA
Vrindavati W/o Santosh Giri Goswami – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. These criminal appeals have been preferred by the appellants against the judgment of conviction and order of sentence dated 11.02.2022, passed by learned Special Judge, (POCSO Act), Saraipali, District -Mahasmund, (CG) in Special Criminal Case (POCSO Act) No.23/2018, whereby appellants/accused (Smt. Vrindavati & Smt. Neelandri in CRA Nos. 516 & 421 of 2022) stand convicted and sentence as under:
| Conviction | Sentence |
| Under Section 17 of POCSO Act. | Rigorous imprisonment for 10 years & fine of Rs.500/- in default of payment of fine 02 months additional RI. |
| U/s 363/109 of IPC. | RI for 05 years & fine of Rs.500/- in default of payment of fine 02 months additional RI. |
| U/s 366/109 of IPC | RI for 05 years & fine of Rs.500/- in default of payment of fine 02 months additional RI |
However, appellant/accused Navin Shukla in CRA No.657 of 2022) stand convicted and sentence as under:
| Conviction | Sentence |
| U/s 363 of IPC | Rigorous imprisonment for 05 years & fine of Rs.500/- in default of payment of fine 02 months additional RI. |
| U/s 366 of IPC | RI for 05 years & fine of Rs.500/- in default of payme |
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 prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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 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 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....
Proof of minor status is essential under POCSO; without clear age determination, conviction cannot stand. The benefit of doubt must accrue to the accused when age is unproven.
The sole testimony of a prosecutrix can suffice for conviction in rape cases if credible, while age determination must be supported by reliable evidence.
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