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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, Shri Justice Narendra Kumar Vyas, JJ
Rajiv Kumar @ Raju S/o Baratu Ram – Appellant
Versus
State Of Chhattisgarh Through Station House Officer- Chakradhar Nagar – Respondent
Judgment :
(Rajani Dubey, J.)
Since all these appeals arise out of judgment of conviction and order of sentence dated 18.2.2020 passed by Additional Sessions Judge, Fast Track Court, Raigarh in Special Criminal Case under the POCSO Act No.9/2019, they are being disposed of by this common judgment. The appellants have been convicted and sentenced as under:
| Conviction | Sentence |
| Appellant No.1 Rajiv Kumar in CRA No. 363/2020 | |
| Under Section 354 of Indian Penal Code. | RI for two years, fine of Rs.1000/-, in default to suffer additional RI for three months. |
| Under Section 8 of Protection of Children from Sexual Offences Act, 2012. | RI for three years, fine of Rs.2000/-, in default to suffer additional RI for four months. |
| Appellant No.2 Satya Narayan Dewangan @ Satya in CRA No.363/2020 | |
| Under Section 12 of POCSO Act. | RI for two years, fine of Rs.1000/-, in default to suffer additional RI for three months. |
| Appellant Tej Kumar in CRA No.404/2020 and appellant Kailash Kumar Bareth in CRA No. 79/2021 | |
| Under Section 21 of POCSO Act. | RI for six months, fine of Rs.1000/-, in default to suffer additional RI for three months. |
| Under Section 6 read with 17 of POCSO Act. | RI for twenty years, fine of Rs.5000/-, in default to |
The prosecution failed to prove the age of the prosecutrix and the charges against the appellants beyond reasonable doubt, leading to their acquittal.
Burden of proof lies with prosecution to establish all aspects of an offense, particularly the minor status of the victim, which affects the conviction under sexual assault laws.
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The court acquitted the accused due to reasonable doubt about the prosecutrix's age and consent, emphasizing that without credible evidence or corroboration, a conviction cannot be sustained.
The prosecution must prove the age of the victim and the absence of consent beyond reasonable doubt; insufficient evidence leads to acquittal.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The prosecution failed to prove the prosecutrix's age under 18 years and her consent negated the charges of abduction and sexual assault.
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