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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Sirti Darro @ Surjeet Singh Darro S/o Mehturam Darro – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. appeal filed against conviction and sentence. (Para 1) |
| 2. factual background of the case. (Para 2 , 3 , 4) |
| 3. arguments presented by the appellant and state counsel. (Para 5 , 6) |
| 4. clarification on the burden of proof for minor's age. (Para 15 , 16) |
| 5. court’s analysis of evidence regarding guilt. (Para 17 , 18 , 19 , 22 , 23 , 24 , 25) |
| 6. final order and sentences imposed. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
1. This appeal under Section 374(2) of Cr.P.C. has been filed by the appellant against the judgment of conviction and order of sentence dated 30.08.2019 passed by learned Additional Sessions Judge (FTC) & Special Judge (Protection of Children from Sexual Offences Act, 2012), North Bastar Kanker (C.G.) in Special Criminal Case (POCSO Act) No. 09/2019 whereby, the trial Court convicted the appellant for the offence punishable under Sections 363, 366, 506 (Part-II), 376 (3) of IPC and Section 4 of POCSO Act however keeping in view the provision under Section 42 of POCSO Act, he is sentenced as under:-
2. Case of the prosecution, in brief, is that on 03.01.2019, the father of the complainant/prosecutrix lodged an oral report at the Police Station- Kanker to the effect
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 must prove the age of the victim and the absence of consent beyond reasonable doubt; insufficient evidence leads to acquittal.
The conviction for rape of a minor was modified from life imprisonment under IPC to 10 years under POCSO due to evidential shortcomings and the application of unamended statutes relevant at the time ....
The prosecution failed to prove the prosecutrix's age under 18 years and her consent negated the charges of abduction and sexual assault.
The prosecution failed to prove the age of the prosecutrix and the charges against the appellants beyond reasonable doubt, leading to their 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 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.
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