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HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma
Devendra Kola @ Chamar Singh S/o Gendlal Kola – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Arvind Kumar Verma, J.)
1. With the consent of learned counsel for the parties, the matter is heard finally.
2. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 27/08/2021 passed by the Special Judge (Protection of Children from Sexual Offences Act, 2012) Bhanupratappur, District North-Bastar, Kanker, C.G. in Special Criminal Case (POCSO Act) No.06/2019 whereby the appellant has been convicted and sentenced as under:-
| Conviction | Sentence |
| Under Section 366 of the Indian Penal Code, 1860 | R.I. for Three Years and fine of Rs.1000/- and in default of payment of fine Six months additional R.I. |
| Under Section 376 (2) (n) of the Indian Penal Code, 1860 | R.I. for Ten years and fine of Rs.10,000 and in default of payment of fine Three Years additional R.I. |
| Both the sentences shall run concurrently. |
3. The case of the prosecution, in brief, is that the father of the victim lodged a written report in police station Kodekurse on 05/10/2017 that his daughter, who is aged about 15 Years, is missing from 28/09/2017 when she had gone to attend the Durga Pooja at about 09.00 pm in the night and she did
The prosecution must prove the victim's age beyond reasonable doubt; reliance on official records alone is insufficient without corroborative evidence.
The prosecution must prove the victim's age beyond reasonable doubt; insufficient evidence leads to acquittal.
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 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 a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
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.
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