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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Rajan Chik Baraik, Son of Indar Chik Baraik – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 2218 of 2025:
1. The instant interlocutory application has been filed for keeping the sentence in abeyance in connection with the judgment of conviction dated 17.08.2024 and order of sentence dated 19.08.2024 passed by the learned Additional Sessions Judge-I-Special Judge, Lohardaga in connection with Special POCSO Case No. 06 of 2020 arising out of Senha P.S. Case No. 03/2020, whereby and whereunder, the appellant has been convicted under Section 4 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 20 years and a fine of Rs. 20,000/- and in default of payment of fine, he has to further undergo for 3 months’ imprisonment; under Section 363 of IPC sentenced to undergo Rigorous Imprisonment for 4 years with a fine of Rs. 5,000/- and in default of payment of fine he has to further undergo the imprisonment of 15 days; under Section 366 of IPC sentenced him to undergo Rigorous Imprisonment for 6 years with a fine of Rs. 10,000/- and in default of payment of fine, he has to further undergo imprisonment for 1 month.
2. It has been contended by the learned counsel appearing for the appellant that it is a case where no case either under Section 376 of IPC o
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 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.
Consent has no legal value in cases of minors under the POCSO Act; conclusive age evidence must come from valid and verified sources.
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 upheld the conviction under sexual assault laws despite challenges regarding the victim's age, emphasizing the credibility of the victim's testimony.
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 determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
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 prosecution bears the burden of proving majority, and the absence of key documentation can undermine a conviction under the POCSO Act.
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.
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