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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Ravindra Kumar Agrawal, J
Shiv Ratre S/o Dharam Ratre – Appellant
Versus
State Of Chhattisgarh Through Police Station Kharora, District Raipur, Chhattisgarh – Respondent
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 :
| Conviction | Sentence |
| U/s. 363 of IPC | R.I. for 03 years and fine of Rs. 1000/-, in default of payment of fine further R.I. for 01 month. |
| U/s. 366 of IPC | R.I. for 05 years and fine of Rs. 1000/-, in default of payment of fine further R.I. for 01 month. |
| U/s. 6 of POCSO Act | R.I. for 10 years and fine of Rs. 2000/-, in default of payment of fine further R.I. for 02 months. |
| All the sentences are directed to be run concurrently | |
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 missin
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 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.
Prosecution must prove charges beyond reasonable doubt; victim's testimony must inspire confidence. Critical inconsistencies undermined the conviction for kidnapping and rape.
The prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
The prosecution must prove the age of the victim and consent in cases involving charges under the POCSO Act. Failure to establish these crucial elements can lead to acquittal.
The court emphasized the necessity for the prosecution to prove the victim's age and elements of force beyond reasonable doubt in cases involving sexual offenses against minors.
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