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.

Judgment :

(Ravindra Kumar Agrawal, J.)

1. The matter has been listed for consideration on I.A. No. 2 of 2025, which is the application for urgent hearing of the case. With the consent of the parties, the matter has been heard finally.

2. Present is the Criminal Appeal under Section 374 (2) of the Code of Criminal Procedure 1973, against the impugned judgment of conviction and sentence dated 06-08-2018, passed by Learned Special Judge ( Protection of Children from Sexual Offences Act 2012) Raipur, in Special Criminal Case (POCSO) No. 48 of 2018, whereby the appellant has been convicted and sentenced in the following manner :

3. The brief facts of the case are that on 24-12-2017, a missing report has been lodged by the father of the victim/PW-2, that his minor daughter is missing since 22-12-2017, who had gone to her school but could not return back. Despite her search in various places, her whereabouts could not be traced out. On the report made by the father of the victim, the FIR (exhibit P-5) for the Offence under Section 363 of IPC has been registered against unknown person.

4. During the investigation, the victim was recovered on 11-01-2018 from the possession of the appellant and Recovery Panchanama (exhibit P-1) was prepared in presence of the witnesses. The victim was sent for her medical examination to Community Health Centre, Kharora. Since no lady doctor available at Community Health Centre, Kharora, she was referred to Community Health Centre, Tilda. She was being medically examined at Community Health Centre, Tilda by PW-9/Dr. S. Gandharva, who after her medical examination gave report (exhibit P-24). While examining the victim, the doctor has found no external injuries on her body. However, she was found carrying pregnancy of 28 weeks. She advised for her USG test. Two slides of her vaginal swab were prepared, sealed and handed over to police for its chemical examination. Spot map (exhibit P-6) was prepared by the police and Exhibit P-10 was prepared by the Patwari. With respect to the age and date of birth of the victim, one enrollment card of the victim with the Chhattisgarh Madhyamik Shiksha Mandal, Raipur and one letter written by the victim has been seized vide seizure memo (exhibit P-8). The school register from Government Primary School, Parsada has also been seized vide seizure memo (exhibit P-12) and after retaining its attested true copy (exhibit P-11C), the original school register was returned back to the school.

5. The appellant was arrested on 11-01-2018 and he too was sent for his medical examination to Community Health Centre, Kharora, where he was medically examined by Dr. Yashpal Khanna (PW-6), who gave his report (exhibit P-16) and found the appellant capable to perform sexual intercourse. The vaginal slides and pubic hair of the victim as well as underwear of the appellant were sent for its chemical examination to State FSL, Raipur, from where a memo (exhibit P-23) was sent to the police that since the victim was found pregnant, therefore there is no necessity to examine her vaginal swab. However, for confirmation of paternity of the child, DNA test may be conducted.

6. Statement of the witnesses under Section 161 of CRPC and statement of the victim under Section 164 of CRPC have been recorded and after completion of usual investigation, charge sheet was filed against the appellant for the offence under Sections 363, 366 and 376 of IPC and Section 6 of POCSO Act before the Learned Trial Court.

7. The Learned Trial Court has framed charge against the appellant for the offence under Sections 363