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2025 Supreme(Gau) 1547
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN, N. UNNI KRISHNAN NAIR, JJ.
Anand Sidasow, Son of Shri Ganga Sidasow – Appellant
Versus
The State of AP and Anr – Respondent
Crl.A.13 of 2024
Decided on : 15-09-2025
Important Points
Subject
Criminal Law - Sexual Offences
Act Referred
INDIAN PENAL CODE: S.366, S.376, S.506
CRIMINAL PROCEDURE CODE: S.164, S.281, S.313
JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT: S.94
EVIDENCE ACT: S.35
REGISTRATION OF BIRTHS AND DEATHS ACT: S.13
Headnote
(B) Age Determination - The court found that age could not solely rely on the victim's school leaving certificate or birth certificate, emphasizing the necessity to follow statutory procedures for delayed birth registration. (Paras 50, 51)
(C) Consent - The appellate court concluded that the relationship between the appellant and the victim was consensual based on their mutual agreement, rendering the charges under the POCSO Act unsustainable. (Paras 57, 58)
(D) Dismissal of a charge under IPC 366 and 506 based on insufficient evidence. (Perusal of trial court's conclusion deemed reasonable). (Paras 52, 59)
For the Petitioner: Gallen Taloh,
For the Respondent: P P of AP, Tsering Gyatso
| Table of Content |
|---|
| 1. conviction under pocso act. (Para 2 , 3) |
| 2. age determination and consent issues. (Para 4 , 5 , 6) |
| 3. prosecution's burden of proof. (Para 7 , 8) |
| 4. state's argument on victim's minor status. (Para 9 , 10 , 11 , 12) |
| 5. witness testimonies evaluated. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. document evidences and their admissibility. (Para 21 , 22 , 23 , 24) |
| 7. assessment of police procedure. (Para 25 , 26 , 27 , 28) |
| 8. age determination provisions. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 9. reliability of age evidence. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 10. challenges to birth registration. (Para 45 , 46 , 47 , 48 , 49) |
| 11. court's stance on charges. (Para 50 , 51 , 52 , 53) |
| 12. assessment of consent and cohabitation. (Para 54 , 55 , 56 , 57 , 58) |
| 13. final ruling and case dismissal. (Para 59 , 60) |
| 14. custodial orders and appeal outcomes. (Para 61 , 62 , 63) |
JUDGMENT :
N. Unni Krishnan Nair, J
Heard Mr. G. Taloh, learned counsel appearing for the appellant. Also heard Ms. T. Jini, learned Addl. P.P., AP appearing for the State, as well as Mr. T. Gyatso, learned counsel for the respondent No. 2.
2. The instant appeal has been instituted assailing the judgment and order dated 28- 02-2024, passed by the learned Special Judge, POCSO, in POCSO Case No. 10/2023, convicting the appellant under Section 376 IPC read with Section 6 of the POCSO Act and sentencing him to undergo imprisonment for 20 years with payment of fine of Rs.20,000/-.
3. The brief facts leading to the institution of the present case is as under:
The victim girl Ms. X lodged an FIR alleging therein that she was 17 years old and in the year 2020 when she was 14 years old, studying in Class-VII in KMC School, Nafra, the accused appellant had trapped her in fake love, by making false promise that he would marry her and also stipulated that she should not disclose anything about their relationship to any one or else people would separate them. She further alleged, therein, that on 14-06-2020, the accused appellant had come to her school, where she was studying in Class-VII, and asked her to go with him up to the market as he wanted to buy chips for her. She alleged that being allured by his words, she went along with him up to Nafra market on his motorbike. However, she was forcibly taken to his house located at Bichom and therein he had sexual intercourse with her forcefully. The informant further alleged that she believed that the accused appellant really loved her and that whatever he had done was on account his love towards her. She also stated in the FIR that she stayed with the accused appellant in his house on the believe that she was his lawfully wedded wife. She further alleged that for long 03 years, she was sexually exploited by the accused appellant and she was forced to take contraceptive pill for several occasions. She further alleged that in the year 2021, she had conceived but, however, the same was aborted by the appellant by giving her pill. She alleged that as a result of the same, she suffered physically and mentally.
She further alleged that in the middle part of 2021, the accused appellant started to have illicit relationship with other girls and therefore, she asked him to leave her in her parental house. However, he did not listen to her rather tortured her physically and mentally. She further alleged that she was even made naked in veranda of the house and tortured. She was threatened that she would be murdered, if she left his house. The petitioner also adduced an explanation in the FIR for the delay occasioning in lodging the same.
On receipt of the said FIR, the police registered Rupa P.S. Case No. 17/2023, under Section 366 / 376/ 506 IPC read with Section 4 of the POCSO Act. The petitioner in addition to be examined medically, her statement was also recorded under Section 164 Cr.P.C.
On the matter reaching the court of the Special Judge, POCSO, charges came to be framed against the present accused appellant under Sec
