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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Chander Pal – Respondent
JUDGMENT
Sukhvinder Kaur, J.
The appellant-State of Haryana has preferred the instant application under Section 378(3) Cr.P.C. seeking leave to appeal against judgment dated 16.12.2020, passed by learned Additional Sessions Judge, Fast Track Court, Sirsa, vide which respondent-accused Chander Pal has been acquitted.
2. The facts, as per record, are that the complainant is resident of Village Bakerianwali, District Sirsa. The age of his daughter i.e. prosecutrix/victim is 16 years. On 01.07.2018 at about 12 midnight, she went away somewhere without telling anybody. The complainant suspected that his daughter had hidden herself somewhere or someone had hidden her. The complainant and his family members searched for the prosecutrix/victim upto 02.07.2018 but could not find her. The details regrading appearance of the prosecutrix and the clothes worn by her were also detailed in the complaint. During the investigation, the prosecutrix was recovered on 02.07.2018 from Jaipur Hospital, Sirsa.
3. On basis of the aforesaid complaint Ex.P-16, formal FIR Ex.P22 was registered. SI Mahan Singh PW-9 collected documents regarding date of birth of the victim from the Head Master of the Government P
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
The court affirmed a conviction under the POCSO Act based on the credible testimony of the victim, emphasizing that the absence of corroboration does not question the conviction if the victim's accou....
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
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