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.

Judgment :

(Ravindra Kumar Agrawal, J.)

1. The present appeal has been filed against the impugned judgment of conviction and order of sentence dated 06.02.2020 passed by the Special Judge ( Protection of Children from Sexual Offences Act (in short POCSO Act) Sakti, District Janjgir Champa, in Special Criminal Case No.13/2015, whereby the appellant has been convicted and sentenced as under :

All the sentences are directed to run concurrently.

2. Brief facts of the case are that, on 02.11.2014, PW-3, the father of victim lodged a missing report that her minor daughter is missing since 31.10.2014 and her whereabouts could not be traced out despite her search in nearby places and relatives house. He raised suspicion of kidnap over the appellant as there was love affair between the appellant and her daughter and appellant gifted her mobile phone through which they used to talk with each other. The police recorded offence under Section 363 IPC against the appellant vide FIR Ex. P/10. During investigation, the victim was recovered on 20.11.2014 from the possession of appellant and recovery Panchnama Ex.P/1 was prepared in presence of witnesses. The victim was sent for her medical examination to the District Hospital, Sakti where PW-14, Dr. Mamta Jagat examined her and gave report Ex.P/3. While examining the victim, the doctor did not notice any external injuries over her body and opined that victim was habitual for sexual contact. Two slides of her vaginal swab were prepared, sealed and handed over to the police for chemical examination. The underwear of victim was seized vide Ex. P/4. Spot map Ex.P/12 was prepared by the police whereas Ex.P/14 by the Patwari. With respect to age and date of birth of the victim, the police seized school register from Primary School, Garhgodi and after retaining its attested true copy Ex.P/35-C, the original register was returned back to school. A certificate issued by the Headmaster of said school has also been seized vide Ex.P/34. The appellant was arrested on 21.11.2014 and he too was sent for his medical examination to Community Heath Centre, Sakti, where PW-9 Dr. P. Singh examined him found him capable to perform sexual intercourse. The vaginal slides of the victim, her underwear as well underwear of appellant were sent for chemical examination to State FSL, Raipur.

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

4. The learned trial court has framed charge under Sections 363 , 366 IPC and Section 6 of POCSO Act. The appellant denied the charge and claimed trial.

5. In order to bring home the charge, the prosecution has examined as many as 14 witnesses. The statement under section 313 of CrPC of the appellant was also recorded in which he denied the material appears against him, pleaded innocence and submitted that he has been falsely implicated in the offence.

6. After appreciation of the oral as well as the documentary evidence led by the prosecution, the trial court has convicted and sentenced him as mentioned in the earlier part of this judgment. Hence this appeal.

7. Learned counsel for the appellant would argue that the appellant is innocent and has been falsely implicated in the offence. The prosecution has failed to prove their case beyond reasonable doubt. There is no cogent and legally admissible evidence available on the record to show that the vi