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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Dilesh Nishad S/o Nrayan Nishad – Appellant
Versus
State Of Chhattisgarh Through Police Station Kharsiya – Respondent
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Since both the aforementioned appeals arise out of the same judgment, therefore, they are being heard together and disposed of by this common judgment.
2. In these appeals filed under Section 374(2) of the Cr.P.C., the appellants have challenged the legality, validity, and propriety of the judgment of conviction and order of sentence dated 22.06.2019, passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989) (for short, ‘the Act, 1989’), Raigarh, District Raigarh, C.G., in Special Case (Atrocities Act) No. 20/2018, whereby the appellants were acquitted of the charge under Section 3(2)(v) of the Act, 1989, but were convicted and sentenced as under:-
| Conviction | Sentence |
| Under Section 376(D) of Indian Penal Code | Rigorous Imprisonment for 20 years and fine of Rs.5,000/- and in default of payment of fine amount to undergo additional rigorous imprisonment for one year. |
| Under Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short, ‘POCSO, Act’) | Rigorous Imprisonment for 05 years and fine of Rs.2,000/- and in default of payment of fine amount to undergo additional rigorous imprisonment fo |
The prosecution failed to prove the victim's minor status and the identity of the perpetrators, leading to the acquittal of the accused.
The court affirmed that the testimony of a child victim, supported by medical evidence, is sufficient for conviction under the POCSO Act, even in the presence of a negative DNA report regarding pater....
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 court upheld the conviction under POCSO, confirming that credible victim testimony and medical evidence sufficiently established the appellant's guilt in the sexual assault of a minor.
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 court established that in cases involving minors, consent is irrelevant to sexual offences, with the victim's age determined primarily through school records, highlighting strict legal protection....
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