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RATNAKER BHENGRA, AMBUJ NATH
Babloo Turi, son of Videshi Turi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the appellant and the learned counsel for the State.
2. The appellant has filed this appeal against the judgment of conviction dated 21.4.2018 and the order of sentence dated 24.04.2018 passed by the learned Additional Sessions Judge1-cum-Spl. Judge (POCSO), Dhanbad in Special (POCSO) Case No. 88 of 2016, arising out of Katras PS Case No. 178 of 2016, corresponding to GR No. 2843 of 2016 whereby the appellant was convicted under sections 366(A) and 376 Indian Penal Code and section 4 of Protection of Children from Sexual Offences Act. The appellant was sentenced for his conviction under section 366(A) of IPC and Section 4 of Protection of Children from Sexual Offences Act to undergo RI for 10 years each with fine of Rs. 50,000/- each for both the offences with default stipulation of RI for 6 months. No separate sentence was passed under section 376 of IPC and both the aforesaid sentences were ordered to run concurrently.
3. The prosecution case as per the written report of the informant PW-2 is that on 16.07.2016 at about 09:30 A.M. his minor daughter (PW-1 victim girl) aged about 15 years went to her school, Balika Madhya Vidyalaya, Katrasgarh, fr
The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
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 court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
The main legal point established in the judgment is the importance of proving the age of the victim to establish the commission of offences under the POCSO Act. The judgment emphasizes the admissibil....
The court upheld the conviction for abduction and rape based on testimonial and medical evidence, emphasizing the validity of medical age assessment in absence of primary documents.
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
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....
The prosecution must establish the age of the victim beyond reasonable doubt in cases under the POCSO Act; failure to provide adequate evidence leads to acquittal.
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