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RAMESH SINHA, RAVINDRA KUMAR AGRAWAL
Thanda Ram Sidar S/o Banshilal Sidar – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Per Ramesh Sinha, Chief Justice
1. The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 28.02.2024 passed by the learned Special Judge (POCSO Act), Mahasamund, District - Mahasamund in Special Session Trial No. H-08/2023, whereby the trial Court has convicted and sentenced the appellant with a direction to run all the sentences concurrently in the following manner :
| CONVICTION | SENTENCE |
| U/s 363 of IPC | R.I. for 5 years and fine of Rs.1,000/-, in default of payment of fine additional imprisonment for 1 month |
| U/s 366 of IPC | R.I. for 7 years and fine of Rs.2,000/-, in default of payment of fine additional imprisonment for 2 months |
| U/s 4(2) of the POCSO Act | R.I. for 20 years and fine of Rs. 10,000/, in default of payment of fine additional imprisonment for 6 months |
| U/s 506 Part-2 of IPC | R.I. for 01 year and fine of Rs.1,000/-, in default of payment of fine additional imprisonment for 1 month |
2. Case of the prosecution, in brief, is that, complainant Mayadhar Sidar (PW-2), who is the father of the victim
The prosecution must prove specific intent for abduction under Section 366 IPC; failure to do so results in the acquittal of sexual assault charges.
The court affirmed the importance of credible evidence in sexual offense cases against minors while upholding the conviction for unlawful abduction but not for rape due to lack of proof.
Conviction for rape cannot be sustained where no signs of sexual intercourse is seen in victim’s body.
The prosecution must prove charges beyond reasonable doubt, and the lack of evidence can result in acquittal.
The court affirmed that a victim's credible testimony can suffice for conviction in sexual assault cases, even without corroborative medical evidence.
Rape – Consent of minor has no legal sanctity.
The Court ruled that evidence of school records is primary for establishing age in sexual offense cases, and a minor's consent is irrelevant. Conviction under Section 366A was modified to Section 363....
Victim of rape being minor, her consent has no significance.
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