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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
Raj Kishore – Appellant
Versus
State – Respondent
JUDGMENT :
JASMEET SINGH, J.
1. This is an appeal seeking to challenge the judgment dated 08.01.2016 and order of sentence dated 11.01.2016 passed by the learned ASJ-01, Rohini District Courts, New Delhi in SC No. 58/2014 pertaining to FIR No. 372/2013 registered at PS Khanjawala under Sections 363 of the INDIAN PENAL CODE (“IPC”).
2. Vide the impugned judgement, the appellant was acquitted under Sections 363 and 366 of IPC and was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”).
3. Vide the impugned order of sentence, the appellant was sentenced with rigorous imprisonment of 10 years with a fine of Rs. 10,000/- under Section 6 of POCSO Act.
FACTUAL BACKGROUND
4. The brief facts of the case are that on 12.11.2013, the father of the prosecutrix registered a complaint regarding the missing of his daughter aged about 13 years. The prosecutrix had gone to school but did not return home. The complainant expressed his doubt on the appellant.
5. During the course of investigation, the prosecutrix and the appellant were apprehended on 28.11.2013 at Abu Fazal Enclave, Sarita Vihar, Delhi.
6. The prosecutrix was medically examined and her stat
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 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.
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
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 ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
Attempt to outrage modesty of minor girl – Testimonies of prosecutrix as well as other witnesses cannot be wiped out on the basis of trivial contradictions.
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