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AJIT BORTHAKUR
Anjan Kr. Manjhi S/o Sri Suresh Manjhi – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. SK Barkataki, learned counsel for the appellant as well as Ms. SH Bora, learned Addl. P.P., Assam appearing for the State respondent.
2. This appeal under Section 374 of the Code of Criminal Procedure (‘Cr.P.C.’ for short) is preferred against the Judgment and Order, dated 23.09.2019, passed by the learned Special Judge (POCSO Act), Karbi Anglong in POCSO Case No. 12 of 2018 (Special Case No. 136/2018) corresponding to GR Case No. 303/2018 & Borlangphar PS Case No.14/2018 under Section 363 of the Indian Penal Code 1860, (‘IPC’ for short) read with Section 4 of The Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short) whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 6 months under Section 363 of the IPC and rigorous imprisonment for 7 years and fine of Rs.1,000/-in default, simple imprisonment for 2 months under Section 4 of the POCSO Act.
3. The prosecution case is that an FIR was lodged on 24.03.2018, before the Officer –In-Charge of Borlangphar PS by the victim’s father alleging that on 23.03.2018, his daughter, aged about 17 years, went to Lumding for collecting her admit card for examination an
Plea of innocence in his statement under Section 313 CrPC, in the absence of any evidence, cannot be relied on.
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
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) ....
In cases involving minors, consent is immaterial, and the accused bears the burden of proof to establish innocence under the POCSO Act.
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....
Point of Law : Once the fact of victim being child is not proved, POCSO Act is not applicable.
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
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