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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, RAKESH KAINTHLA, JJ.
Shehzad Ali Shah - Appellant
Versus
State of H.P. - Respondent
Cr. Appeal No. 110 of 2023
Decided on : 02-01-2025
| Table of Content |
|---|
| 1. judicial proceedings must follow legal standards for convictions. (Para 1 , 2) |
| 2. testimony and evidence must be corroborated in court. (Para 3 , 4) |
| 3. proper documentation is crucial to establish age in legal cases. (Para 5 , 6 , 7) |
| 4. arguments against conviction must demonstrate substantial legal errors. (Para 9 , 10 , 11 , 12) |
| 5. conduct of the victim is immaterial in cases involving minors. (Para 13 , 14 , 15) |
| 6. dna evidence plays a key role in substantiating claims of sexual assault. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 7. corroboration is necessary for victim testimony to establish guilt. (Para 22 , 23 , 24 , 25) |
| 8. statements made under section 313 of crpc have evidentiary value. (Para 26 , 27 , 28) |
| 9. statements from medical professionals must align with evidentiary standards. (Para 29 , 30 , 31) |
| 10. legal conclusions must arise from coherent and corroborated evidence. (Para 32 , 33 , 34) |
| 11. minor's age must be established beyond reasonable doubt under pocso. (Para 35 , 36) |
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 amount if realised.(The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
3. Briefly stated, the facts giving rise to the present appeal are that the police filed a charge sheet before the learned Trial Court for the commission of offences punishable under Sections 363 & 366 of IPC, Section 4 of POCSO Act and Section 3(1) (xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC&ST Act’). It was asserted that the victim’s father filed a complaint (Ext. PW-2/A) before the Superintendent of Police Baddi, District Solan, H.P., stating that his daughter (the victim) was residing with him. She returned from school on 08.11.2016 and complained about stomach ache. Accused Shehazad Ali Shah took her to the doctor at about 5:30 p.m. to get her treated. She left with the accused but did not return. The victim was born on 17.03.2002 and was aged 14 years on the date of the incident. The informant searched for the victim and the accused but could not trace them. The police registered the F.I.R. (Ext.PW-16/K). S.I Krishna Devi (PW-18) conducted the investigation. She prepared the spot map (Ext.PW-18/A), showing the place/hut from where the victim was taken. She received information that the accused and victim were residing in Maharashtra. The police team and the informant went to Vasai in Maharashtra, where the victim and accused were found in the fish market. The informant identified them. The victim was handed over to her father vide memo (Ext.PW-2/B). The accused made a disclosure statement (Ext.PW2/C) that he could show the room at Mangroli, where he was residing with the victim. He led the police to the room. SI Krishna Devi (PW-18) prepared the identificat
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....
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
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 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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