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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN
Ravinder @ Kalu – Appellant
Versus
State Nct Of Delhi – Respondent
JUDGMENT :
AMIT MAHAJAN, J.
1. The present appeal is filed against the judgment dated 20.12.2022 (hereafter ‘impugned judgment’) and order on sentence dated 07.02.2023 (hereafter ‘impugned order on sentence’), passed by the learned Additional Sessions Judge (‘ASJ’), Tis Hazari Courts, Delhi, in SC No. 58007/2016 arising out of FIR No. 346/2016, registered at Police Station Ranhola (‘FIR’).
2. By the impugned judgment, the learned ASJ convicted the appellants for offences under Sections 328 /324/376D/34 of the INDIAN PENAL CODE , 1860 (‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’).
3. By the impugned order on sentence, the learned ASJ sentenced the appellants to undergo rigorous imprisonment of twenty years for the offence under Section 376D of the IPC and to pay a fine of Rs,5,000/- each; to undergo rigorous imprisonment of three years for the offence under Section 328 of the IPC and to pay a fine of Rs,1,000/- each; and to undergo rigorous imprisonment of one year for the offence under Section 324 of the IPC and to pay a fine of Rs,1,000/- each. In default of payment of fine, the appellants were directed to undergo simple imprisonmen
The court emphasizes the necessity of credible evidence for determining age under juvenile law, ruling that consent is irrelevant if the victim is a minor, as established under POCSO.
Proof of minor status is essential under POCSO; without clear age determination, conviction cannot stand. The benefit of doubt must accrue to the accused when age is unproven.
The court ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
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