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JASMEET SINGH
Surjeet Kumar – Appellant
Versus
State – Respondent
JUDGMENT :
JASMEET SINGH, J
1. This is an appeal for setting aside the judgment dated 21.11.2019 and the order on sentence dated 28.11.2019 passed by the Ld. Trial Court, ASJ-06, (POCSO), Shahdara District, Karkardooma Courts, Delhi in SC No. 123/2017 arising out of FIR No. 26/2017, under section 363/366/376 IPC and section 6 of POCSO Act, registered at PS Shahdara.After trial and examination of the witnesses, the Trial Court was pleased to hold the appellant guilty of offences u/s 363/366/ 376 IPC & 6 of POCSO Act and vide order of sentence dated 28.11.2019, the appellant was sentenced to 10 years rigorous imprisonment and fine.
2. Brief facts of the case are that on 23.01.2017, a complaint was filed by the father of the victim alleging that on the said date, he went to drop his daughter at the school, however, she did not return home and he has apprehension that his daughter has been kidnapped. On this basis, FIR bearing no. 26/2017 was registered against the appellant on 23.01.2017.During investigation, the IO obtained CDR of the victim, upon which the location of mobile phone of the appellant was seen at Phagwara, Punjab and the victim was traced with the appellant and he was arre
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
The determination of the victim's age is crucial in cases of sexual offences, and the court emphasized the importance of following the procedure for determining the age of a juvenile under the Juveni....
Point of Law : Taking into consideration of these aspects on evidence and in absence of any documentary evidence, it can safely be said that on the date of alleged occurrence, the victim girl (PW-2) ....
Rape – Consent of minor has no legal sanctity.
The prosecution must conclusively establish the victim's age under the POCSO Act, and inconsistencies in the victim's testimony can undermine the case against the accused, warranting acquittal.
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