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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., SANJAY PRASAD, J.
Prakash Rajwar, Son Of Late Bahadur Rajwar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 11918 of 2024:
1. The instant interlocutory application has been filed under Section 430 (1)of the BNSS , 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 05.08.2024 and order of sentence dated 06.08.2024 passed by the learned Special Judge-POCSO Act, Dhanbad, in connection with Spl. (POCSO) Case No.44 of 2022 arising out of Govindpur P.S. Case No. 95 of 2022, whereby and whereunder, the appellant has been convicted under Section 376(2)(n) of the INDIAN PENAL CODE for rigorous imprisonment for 20 years along with a fine of Rs. 10,000/- under Section 6 of POCSO Act and, the Court has further ordered that in default of payment of fine, the appellant shall further undergo additional imprisonment for one month.
2. It has been contended by the learned counsel appearing for the appellant that if the testimony of the victim will be taken into consideration in entirety, it will be said to be the consensual relation as such there is the absence of ingredient of Section 376.
3. It has been submitted that so far as the order of conviction has passed under Section 6 of the POCSO Act is concerned, it will also not be applicable reason
Consent has no legal value in cases of minors under the POCSO Act; conclusive age evidence must come from valid and verified sources.
The assessment of age under the POCSO Act requires definitive documentation, and without it, establishing culpability is not achievable; consent plays a critical role in applying IPC provisions.
The court affirmed that consent is irrelevant if the victim is a minor, emphasizing that credible evidence, especially concerning age, is paramount in cases under the POCSO Act.
The court upheld the conviction under sexual assault laws despite challenges regarding the victim's age, emphasizing the credibility of the victim's testimony.
The absence of conclusive proof of the victim's age and the consensual nature of the relationship justified the suspension of the sentence under the POCSO Act.
The court upheld the trial court's ruling on the victim's age being conclusively established by credible evidence, validating the conviction under the POCSO Act based on consistent testimony.
The court may suspend a sentence if doubts arise regarding the conviction, particularly concerning the proof of the victim's age and the validity of consent.
The court determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
Where there are conflicting views on the age of the victim, the more favorable view for the accused should be adopted, leading to suspension of sentence.
The court affirmed the conviction under the POCSO Act, ruling that the trial court properly assessed the competency of the child witness, whose consistent testimony supported the prosecution's case.
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