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HIGH COURT OF CHHATTISGARH, BILASPUR
Arvind Kumar Verma
Javed Ansari @ Raja S/o Jahangir Ansari – Appellant
Versus
State of Chhattisgarh Through S.H.O., P.S. Chirmiri, Distt. Koriya (C.G.) – Respondent
Judgment :
(Arvind Kumar Verma, J.)
1. With the consent of learned counsel for the parties, the matter is heard finally.
2. The appellant has been filed the instant criminal appeal under Section 415(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023 questioning the judgment of conviction and order of sentence dated 18.07.2024 passed by the Special Judge (POCSO Act), Chirmiri, District Koriya (Now MCB) (C.G.) in Special Criminal Case No.06/2023, whereby the appellant has been convicted and sentenced punishable under Section 3/4 of the POCSO Act, rigorous imprisonment for 07 years and fine amount of Rs.2,000/-, in default of payment of fine amount, additional rigorous imprisonment for one month.
3. According to the case of prosecution, in this case, the prosecturix has lodged a report with the allegation that prosecutrix and applicant knew each other since childhood and both of them visited each others house. On dated 19.11.2017 the applicant has gone to the house of prosecutrix when no one was at her place and on the pretext of marriage committed sexual intercourse when she was of the age of 17 years. The applicant has committed sexual intercourse on pretext of marriage on numerous occas
The court ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
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 court emphasizes the necessity of credible evidence for determining age under juvenile law, ruling that consent is irrelevant if the victim is a minor, as established under POCSO.
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 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....
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 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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