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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, BIPIN C.NEGI
Nadeem, S/o Jahir – Appellant
Versus
State of Himachal Pradesh. – Respondent
| Table of Content |
|---|
| 1. pocso conviction background and initial dob proof. (Para 1 , 2 , 3 , 4) |
| 2. corroborative value of unavailable matriculation certificate. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. objections: delay, prejudice, lacunas, jj act options. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. bnss empowers additional evidence for just decision. (Para 22 , 23) |
| 5. s.311/391 exercised sparingly, not for retrials. (Para 24 , 25 , 26 , 27) |
| 6. evidence allowed to cure irregularity without prejudice. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. permits re-examination and summoning school witnesses. (Para 35 , 36) |
| 8. guidelines for comprehensive age proof in investigations. (Para 37 , 38 , 39 , 40) |
JUDGMENT :
Vivek Singh Thakur, J.
This application has been preferred by respondent-State under Section 348, 432 read with Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (for short ‘BNSS’) (old Sections 311, 391 read with Section 482 of Cr.P.C.) for summoning and re-examining of witness PW-20 victim/prosecutrix and also to summon and examine the Record Keeper/Office Superintendent of Him Academy Public School, Vikasnagar, Hamirpur alongwith record of Roll Number 17102092 of Matriculatio
Appellate courts may allow prosecution additional evidence like post-trial matriculation certificate to corroborate victim age proofs, curing irregularity without prejudice, if essential for just dec....
The duty of the court to ensure a fair trial and the importance of examining essential witnesses for the just decision of the case.
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.
Consent under threat is not valid in law. Victim's age must be determined by appropriate legal standards to ensure protection under the POCSO Act.
Ascertainment of Age - “Under rule 12(3)(b), it is specifically provided that only in the absence of alternative methods described under Rule 12(3)(a)(i) to (iii), the medical opinion can be sought f....
Public documents, such as school admission registers, can be admitted as evidence without the original author’s testimony, provided they are maintained in the regular course of business.
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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