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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Vinod Kumar, S/o Rambharos Cherwa – Appellant
Versus
State Of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. conviction details and prosecution case (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments made by appellant regarding consent (Para 7 , 19 , 24) |
| 3. consideration of age as relevant evidence (Para 10 , 11 , 12 , 17) |
| 4. court's analysis of evidence and consent (Para 16 , 18 , 22 , 23) |
| 5. appeal decision and acquittal of appellant (Para 26 , 27 , 28) |
JUDGMENT :
1. This criminal appeal filed under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 14.07.2015 passed by the learned Additional Sessions Judge, F.T.C. Surguja (Ambikapur (Special Judge under Protection of Children from Sexual Offences Act, 2012), in Sessions Case No. 292/2013, whereby the appellant has been held guilty of commission of offence and sentenced as described below:-
(All the substantive sentences shall run concurrently.)
3. During the investigation, the Inspector C.S. Netam had sent complaint vide Ex. P/11 to the S.D.M. Ambikapur for permission regarding private parts of the prosecutrix (PW-04) and as per Es. P/06, consent for private parts examination was obtained from the prosecutrix and Noharsai. Thereafter, complaint vide Ex. P/1A was sent to Prima
The prosecution must prove the age of the victim and the absence of consent beyond reasonable doubt; 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.
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 prosecution failed to prove the age of the prosecutrix was below 18 years and that the appellant committed forcible sexual intercourse, leading to the acquittal of the appellant.
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 central legal point established in the judgment is the importance of proving the prosecutrix's age and consent in cases involving offences under IPC Sections 363, 366, 376 and the Scheduled Caste....
The age of the prosecutrix is critical in rape cases; if she is below 16, consent is irrelevant, establishing the accused's guilt under Sections 363 and 376 RPC.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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