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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Ravindra Kumar Agrawal, J
Antram Rajak @ Chhotu S/o Shri Panchram Rajak – Appellant
Versus
State of Chhattisgarh Through - Station House Officer, Police Station – Respondent
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 :
| Conviction Under Section | Sentence |
| 363 of IPC | R.I. for 5 years with fine of Rs. 1000/-, in default of payment of fine, additional S.I. for six months. |
| 366 of IPC | R.I. for 5 years with fine of Rs. 1000/-, in default of payment of fine, additional S.I. for six months. |
| 6 of POCSO Act | R.I. for 10 years with fine of Rs. 1000/-, in default of payment of fine, additional S.I. for six months. |
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 appell
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.
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 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.
Prosecution must prove charges beyond reasonable doubt; victim's testimony must inspire confidence. Critical inconsistencies undermined the conviction for kidnapping and rape.
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.
(1) Mere recovery of a child from some other person ipso facto does not to prove offence under Section 363, IPC – Prosecution has to prove that accused either took or enticed minor out of keeping of ....
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