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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Sandeep Kumar S/o Sulendra Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
PARTH PRATEEM SAHU, J.
1. This criminal appeal is directed against impugned judgment of conviction and order of sentence dated 29.01.2024 passed by learned Additional Sessions Judge, Fast Track Special Court, Surajpur, District-Surajpur in Special Sessions Case No. 30 of 2020 whereby appellant/accused has been convicted and sentenced as under:
| Conviction | Sentence |
| u/S 376 of IPC | RI for 10 years and fine of Rs.500/-, in default of payment of fine, additional RI for 4 months |
| u/S 365 of IPC | RI for 5 years and fine of Rs.500/-, in default of payment of fine, additional RI for 4 months |
| u/S 3/4 of POCSO Act | RI for 10 years and fine of Rs.500/-, in default of payment of fine, additional RI for 4 months |
2. Case of the prosecution, in brief, is that father of victim lodged a written report in the concerned police station alleging that in the morning of 11.03.2020, he found her daughter missing in his house. It is stated that in the night at about 3:00 a.m., she woke up and went out of the house. When he searched of her in nearby places, he was informed by one Sahnawaj son of Khurshid, that she was in talking terms with appellant. After getting the said information, he doubted that she migh
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.
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 court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
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