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HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE
State of Gujarat – Appellant
Versus
Nazirmiya Sardarmiya Malek – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present appeal filed by the State under Section 378 of the Criminal Procedure Code, 1973 (for short, “the Cr.P.C.”) is directed against the judgment and order of acquittal dated 26.06.1997 passed by the Court of Additional Sessions Judge, Nadiad (hereinafter referred to as “the trial Court”) in Sessions Case No.92 of 1992, acquitting the respondents - accused from the offences punishable under Sections 363, 366 and 376 read with Section 114 of the Indian Penal Code, 1860 (for short, “the IPC”).
2. The case of the prosecution, as per the charge at Exh.6, is that all the three accused had enticed away the daughter of the complainant (PW-4) on 09.08.1991, at 23:00 hours, and thereafter, the accused No.1 had developed physical relationship with her with the help of accused Nos.2 and 3. It is mentioned in the charge that the accused No.1 had taken the victim at various places and hence, committed rape. Thus, the charge under the provisions of Sections 363, 366 and 376 read with Section 114 of the IPC were framed against the accused. The trial Court, after examining the ocular as well as documentary evidence, has acquitted the accused.
3. Learned Additional
The prosecution must provide credible evidence to establish the victim's age and the nature of the relationship; mere documentation without proper verification lacks probative value.
Proof of age – Such person who is supporting date of birth recorded in school leaving certificate has to disclose source of date of birth.
The prosecution must prove the victim's age beyond reasonable doubt; insufficient evidence leads to acquittal.
The prosecution must prove a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
The prosecution must prove the victim's age and the elements of the crime beyond a reasonable doubt, with evidence of consent negating charges of kidnapping and rape.
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 court emphasized the necessity for the prosecution to prove the victim's age and elements of force beyond reasonable doubt in cases involving sexual offenses against minors.
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