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HIGH COURT OF CHHATTISGARH
Arvind Kumar Verma
Parmeshwar Chandravanshi S/o Lilhar Chandravanshi – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 26/03/2021 passed by the Special Sessions Judge, (Charge F.T.C.), District Balod, C.G. in Special S.T. No.18/2019 whereby the appellant has been convicted and sentenced as under:-
| Conviction | Sentence |
| Under Section 363 of the Indian Penal Code, 1860 | R.I. for Three Years and fine of Rs.500/- and in default of payment of fine one month additional R.I. |
| Under Section 366 of the Indian Penal Code, 1860 | R.I. for Five years and fine of Rs.500/- and in default of payment of fine one month additional R.I. |
| Under Section 376 (2) (I) of the Indian Penal Code, 1860 | R.I. for Ten years and fine of Rs.1,000 and in default of payment of fine Two months additional R.I. |
| Under Section 3 (A)/4 of Protection of Children from Sexual Offences Act, 2012 | R.I. for Seven years and fine of Rs.1,000 and in default of payment of fine Two months additional R.I. |
| All sentences run concurrently and fine amount separately recovered. |
2. The case of the prosecution, in brief, is that on 10.02.2019, the prosecutrix lodged a report in the police stati
The prosecution must prove the victim's age beyond reasonable doubt; 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 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 and the elements of the crime beyond a reasonable doubt, with evidence of consent negating charges of kidnapping and rape.
The court ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
The prosecution must provide credible evidence to establish the victim's age and the nature of the relationship; mere documentation without proper verification lacks probative value.
Proof of age – Such person who is supporting date of birth recorded in school leaving certificate has to disclose source of date of birth.
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