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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, RAKESH KAINTHLA
Shehzad Ali Shah – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment of conviction dated 12.07.2022 and order of sentence dated 13.07.2022 passed by learned Additional District & Sessions Judge, Fast Track, Special Court (POCSO), Solan, District Solan, H.P. (learned Trial Court)vide which the appellant (accused before the learned Trial Court) was convicted of the commission of offences punishable under Sections 363& 366 of the Indian Penal Code (for short ‘IPC) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) read with section 376 of IPC and sentenced as under:-
| Sl.No. | The offence for which convicted | Substantive sentence imposed | Fine imposed | In default of payment of fine, simple imprisonment is imposed |
| 1. | Section 363 of IPC | Rigorous imprisonment for three (3) years | Rs.5000/- | One month |
| 2. | Section 366 of IPC | Rigorous imprisonment for five (5) years | Rs.10,000/- | Two months |
| 3. | Section 6 of the POCSO Act read with Section 376 of IPC | Rigorous imprisonment for ten (10) years | Rs.10,000/- | Two months |
2. It was ordered that all the substantive sentences of imprisonment would run concurrently, and the victim would be paid 50% compensation out of the fine amo
The court established that in cases involving minors, consent is irrelevant to sexual offences, with the victim's age determined primarily through school records, highlighting strict legal protection....
The prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
The court emphasized the necessity of valid evidence for victim age determination and the unsuitability of applying deleted provisions of law for conviction, thereby affirming the need for due proces....
(1) In order to attract offence under POCSO Act prosecution has to establish that victim girl is a child as defined under Section 2(1)(d) of POCSO Act.(2) It is highly unsafe to convict a person only....
The legal principle established in the judgment is that the court may rely on evidence such as DNA testing to establish the guilt of the accused, and the benefit of the doubt may be rejected based on....
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 establish the identity and age of the victim beyond reasonable doubt in sexual offense cases, particularly involving minors, and the evidentiary value of DNA reports is contingen....
The conviction under the POCSO Act was overturned due to lack of corroborative evidence and DNA results disproving paternity, emphasizing the necessity for reliable witness testimony in sexual crime ....
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