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K. BABU
MONSON M. C. @ MONSON MAVUNGAL S/O M. L. CHAKO – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. The challenge in this Criminal M.C is to the common order dated 12.04.2023 in C.M.P Nos.184/2023 and 185/2023 on the file of the Additional District and Sessions Court, for the trial of cases relating to Atrocities and Sexual Violence against Women and Children, Ernakulam.
2. The petitioner faces charges under Sections 370(4), 342, 354A-(1)(i) read with Sections 354-A(2), 376(2)(n), 376(2)(f), 313, 506(i) of the Indian Penal Code and Sections 5(l), 5(p), 5(j)(ii) read with Sections 6, 9(l), 9(p) and Sections 10, 11(iii) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012. The Court below is proceeding with the trial. PWs 1 to 22 were examined on the side of the prosecution and Exts.P1 to 28 were marked. On the side of the defence, DW1 was examined and Exts.D1 to D11 were marked.
3. The prosecution thereafter filed CMP No. 184/2023, a petition under Section 91 Cr.P.C, to summon the matriculation certificate in respect of PW1, the victim and C.M.P No. 185/2023, a petition under Section 311 Cr.PC, to recall PW1. The petitions were opposed by the petitioner/accused. The Trial Court allowed the applications.
4. Heard the learned counsel for the petit
The Court can invoke Section 311 Cr.P.C. to recall witnesses and obtain proper proof of relevant facts for a just decision, and the age shown in the matriculation certificate takes precedence over th....
Birth certificate has primacy over other age proofs under Juvenile Justice Act S.94; late marking not lacuna-filling.
The court ruled that a matriculation certificate cannot be conclusively accepted for age determination when authenticity is disputed, allowing for alternative verification including ossification test....
The presumption of juvenility under Section 94(2) of the Juvenile Justice Act is rebuttable, allowing the court to accept evidence that contradicts the matriculation certificate regarding age.
The prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
Point of : law POCSO Act – Determination of age of prosecutrix - in the absence of any specific provision in the POCSO Act and the Rules framed thereunder for determination of the age of victims of s....
Age determination for legal offenses relies on credible documents; charges quashed when the victim exceeds legal age.
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