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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Inder Kumar – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. accused convicted for raping minor under false marriage promise. (Para 1 , 2) |
| 2. trial proceedings and conviction based on victim's corroborated statements. (Para 3 , 4 , 5 , 6) |
| 3. failure to prove minority; victim's statement inadmissible. (Para 7 , 9) |
| 4. statements admissible under section 32; minority and dna proved. (Para 10) |
| 5. victim's statements admissible under section 32 as death-related. (Para 11 , 12 , 13 , 14 , 16) |
| 6. unchallenged cross-examination testimony deemed credible. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 7. dna evidence corroborates sexual relationship and paternity. (Para 25 , 26 , 27) |
| 8. age proved by first school certificate per jj hierarchy. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 9. school record confirms victim minor; conviction upheld. (Para 35 , 36 , 37) |
| 10. sentence under pocso only; ipc punishment set aside. (Para 38 , 39 , 40 , 41) |
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment of conviction dated 31.10.2018 and order of sentence dated 21.11.2018, passed by learned Special Judge, Shimla, H.P., vide which the appellant (accused before learned Trial Court) was convicted of the commission of offences puni
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 court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
Point of law: Since the appellant/accused had made the victim pregnant by his act of penetrative sexual assault the offence under Section 5(j)(ii) of the POCSO Act is also attracted and conviction of....
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
(1) Entry of date of birth, as recorded in School Register, is relevant and admissible in evidence under Section 35 of Evidence Act.(2) Mere fact that wisdom tooth have not erupted is not of great im....
The main legal point established in the judgment is the significance of the victim's age in determining the alleged offences under the POCSO Act and the Indian Penal Code, and the reliance on the Juv....
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
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 prove the victim's age and the elements of the crime beyond a reasonable doubt, with evidence of consent negating charges of kidnapping and rape.
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