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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Ranjan Pandit @ Manoranjan Pandit @ Manoranjan Kumar Pandit, S/o Late Ram Jatan Pandit – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. appeal against conviction for kidnapping and pocso offence. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. no sexual assault allegation; voluntary elopement claimed. (Para 7 , 8) |
| 3. victim statement coerced; minor consent irrelevant. (Para 9 , 10) |
| 4. elopement does not excuse kidnapping minor from guardian. (Para 11 , 12) |
| 5. pocso conviction set aside lacking assault evidence. (Para 13) |
| 6. section 363 sentence reduced to period undergone. (Para 14) |
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Heard learned counsel for the appellant and learned counsel for the State.
1. Appellant is in appeal against the Judgment of conviction and sentence passed by learned Special Judge (POCSO), Godda in Special POCSO Case No.24 of 2018, whereby and whereunder the appellant has been convicted for the offences under Section 363 of IPC with sentence of seven R.I years with a fine of Rs.50,000/- and with a sentence of RI of four years and fine of Rs 25,000/- under Section 8 of the POCSO Act. In default of payment of fine, R.I. for one year and six months respectively.
2. Informant of the case is the maternal grand-father of the victim-girl. As per the FIR, on 09.02.2018, the victim-girl had left her home for mar
Elopement of minor girl under 18 does not negate kidnapping from lawful guardianship under Section 363 IPC, as her consent is inconsequential without guardian's approval; POCSO conviction under Secti....
Point of Law : Taking into consideration of these aspects on evidence and in absence of any documentary evidence, it can safely be said that on the date of alleged occurrence, the victim girl (PW-2) ....
Consent of a minor is not valid under law, affirming the conviction for rape while setting aside the kidnapping conviction due to lack of evidence.
Plea of innocence in his statement under Section 313 CrPC, in the absence of any evidence, cannot be relied on.
The consent of a minor is not recognized in the eyes of the law, and actions involving a minor's enticement and physical relations can constitute kidnapping and aggravated penetrative assault under t....
The conviction for rape was upheld based on consistent victim testimony, while the conviction for kidnapping was set aside due to insufficient evidence of intent.
The prosecution must establish guilt beyond a reasonable doubt; inconsistencies in evidence lead to acquittal.
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