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HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, Sachin Singh Rajput
Vinod Nat, S/o Shri Ishwar Nat – Appellant
Versus
State of Chhattisgarh Through Police Station- Kawardha – Respondent
Judgment :
(Rajani Dubey, J.)
1. The present appeal under Section 374(2) of Code of Criminal Procedure has been filed against the the judgment of conviction and order of sentence dated 16.05.2019 passed by Special Judge, POCSO ACT, 2012, Fast Track Court, Kabirdham (C.G.) in Special Sessions Case No. 75/2018 whereby, the trial court has convicted the appellant under Sections 363, 366, 376(3) of IPC and Section 6 of POCSO Act, but keeping in view the provision of Section 42 of POCSO Act, appellant has been sentenced as under:-
| Conviction | Sentence |
| U/s 376(3) of IPC | R.I. for 20 years with fine of Rs.3000/- and in default of payment of fine, additional R.I. for 3 months |
| U/s 363 of IPC | R.I. for 4 years with fine of Rs.500/- and in default of payment of fine, additional R.I. for 1 month |
| U/s 366 of IPC | R.I. for 4 years with fine of Rs.500/- and in default of payment of fine, additional R.I. for 1 month |
2. Facts of the case, in nut shell, are that on 26.07.2018 at about 11:00 am, the prosecutrix left the house to go to school. She did not return home in the evening. When she was searched around, she could not be found. Complainant- Gendalal Gandharva informed about the prosecutrix being missing. On t
The prosecution must prove the victim's age beyond reasonable doubt for a conviction under the POCSO Act, and inconsistencies in evidence can lead to acquittal.
The prosecution failed to prove the prosecutrix's age under 18 years and her consent negated the charges of abduction and sexual assault.
The court ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
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 prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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 prosecution failed to prove the age of the prosecutrix, leading to the conclusion that the relationship was consensual, thus negating the charges of kidnapping and sexual assault.
The determination of the age of the prosecutrix, credibility of testimonies, and the presumption of a culpable mental state on the part of the accused in cases under the POCSO Act.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
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