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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARESH KUMAR CHANDRAVANSHI
Prem Nirmalkar S/o Gopi Lal Nirmalkar – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
NARESH KUMAR CHANDRAVANSHI, J.
1. This criminal appeal has been preferred under Section 374(2) of the CrPC against judgment of conviction and order of sentence dated 18.8.2021 passed by Upper Sessions Judge, IV FTC,/Special Court-POCSO Act, 2012, Durg (CG) in Special Session Case (POCSO) No.104/2018, whereby the learned Special Judge, after holding the appellant guilty, convicted and sentenced him in the following manner:-
2. The prosecution story in brief is that on 17.9.2018, at about 7.45 am, complainant/mother of the victim informed in Police Station, Kotwali, Durg, that her minor daughter, aged about 16 years, had gone out of their house at about 1:00 o’clock in the night without informing anyone. Based on which, missing report was lodged and FIR (Ex-P/12) under Section 363 IPC was also registered against unknown person. On the same day, the complainant informed the police vide Ex-P/11 that after lodging the report, upon information given by the victim herself, they recovered the victim from the premises of Collectorate Garden, Durg. Thereafter the victim informed them that the appellant/accused after alluring, took her and also made physical relation with her without
In sexual offense cases, the victim's testimony must be corroborated by reliable evidence; uncorroborated statements may lead to the acquittal of the accused.
The court emphasized that the age of a victim must be proven with lawful evidence rather than relying on uncorroborated school records, rendering prior convictions based on inadequate evidence perver....
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 main legal point established in the judgment is the reliance on the sole testimony of the victim in cases of sexual assault, emphasizing the credibility and trustworthiness of the victim's testim....
The prosecution must prove the victim's age beyond reasonable doubt; reliance on official records alone is insufficient without corroborative evidence.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
Determination of age – Wherever dispute with respect to age of a person arises in context of her or him being a victim under POCSO Act, courts have to take recourse to steps indicated in Section 94 o....
The determination of a victim's age and the use of conclusive scientific evidence, such as DNA and FSL reports, are crucial in cases of sexual offences against minors.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
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