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HIGH COURT OF GUJARAT
HDS
SUMATBHAI KAJUBHAI MOHANIYA – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
1. Present application is filed by the applicant seeking the following relief:
“(b) Allow this Application by quashing and setting aside the Impugned order dated 16.12.2024 (Annexure-A) passed by learned Additional Sessions Judge & Special Judge, Pocso, Dahod at Limkheda below Exhibit-64 in Special POCSO Case No. 24 of 2023, and further be pleased to allow application at exhibit-64 and original birth certificate may be ordered to be exhibited and admitted as evidence in the interest of justice;”
2. It is the case of the applicant that he is facing charges under the POCSO Act. To establish the age of the victim, the prosecution previously examined the then Talati-cum-Mantri, who referred to Exhibit 59—the date and extract of the birth register. However, he submitted that the record was not available and stated that he was awaiting a report from the Taluka Development Officer before requesting the exhibition of the said documents.
3. The learned APP objected, arguing that in the absence of proof of the contents of the said documents, they could not be exhibited, and the entry was not proven. Subsequently, the defense examined the Talati-cum-Mantri who was s
The court affirmed the necessity of proving the contents of documents for age determination in POCSO cases, emphasizing fair trial principles.
The prosecution must provide verifiable evidence to establish a victim's age when charging under the POCSO Act, as mere testimony is insufficient to prove minority.
The accused's right to present defense evidence on age determination is essential to uphold fair trial standards, particularly under POCSO proceedings.
The court affirmed the victim's testimony in sexual offense cases, establishing age determination as crucial in assessing culpability while allowing for a more lenient sentence under the POCSO Act po....
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