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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIVEK PURI, J.
Deepak – Appellant
Versus
State of Haryana – Respondent
CRA-S NO. 2208 of 2022 (O&M)
Decided On : 17-08-2023
| Table of Content |
|---|
| 1. conviction details and prosecution allegations. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. victim's marriage and age as crucial factors. (Para 10 , 11 , 12) |
| 3. evidence evaluation and victim's testimony inconsistencies. (Para 13 , 14 , 15 , 16 , 17) |
| 4. lack of evidence for prosecution's claims. (Para 18 , 19) |
| 5. acquittal of appellant due to insufficient evidence. (Para 20 , 21) |
JUDGMENT
Mr. Vivek Puri, J.
The appellant has assailed the judgement of conviction and order of sentence dated 04.10.2022 passed by the Court of learned Additional Sessions Judge, Rohtak, vide which he has been convicted under Sections 363 , 366, 376 of the INDIAN PENAL CODE (for short 'IPC') and Section 4 of the Protection of Children from Sexual Offenders Act (for short 'POCSO Act') and sentenced as following:-
| Offence | Sentence |
| 363 | IPC Rigorous imprisonment for a period of three years and fine of Rs.500/-. In default of payment of fine, to further undergo RI for 07 days. |
| 366 | IPC Rigorous imprisonment for a period of three years and fine of Rs.1000/-. In default of payment of fine, to further undergo RI for 15 days. |
| 376 | IPC Rigorous imprisonment for a period of ten years and fine of Rs.2000/-. In default of payment of fine, to further undergo R1 for one month. |
| 4 of POCSO Act | Rigorous imprisonment for a period of ten years and fine of Rs.2000/-. In default of payment of fine, to further undergo RI for one month. |
2. Briefly, as per the allegations of the prosecution, the father of the victim had submitted a complaint on 12.04.2018 before the police authorities alleging that on 12.04.2018 at about 6 a.m., the victim who is a student of 10+1 standard went missing from the house. An effort was made to locate her, but to no effect. On the basis of the said complaint, the FIR was registered. During the course of investigation, the victim was recovered on 14.04.2018. The statement of the victim under Section 164 of the Code of Criminal Procedure (for short 'Cr.P.C.') was recorded on 19.07.2018.
3. On completion of the investigation, the challan was presented against the appellant. A prima facie case under Sections 363 , 366, 376 IPC and 4 of POCSO Act was made out against the appellant and accordingly, the accused pleaded not guilty and claimed trial.
4. To substantiate its case, the prosecution has examined 16 witnesses, besides producing documentary evidence. The statement of the appellant under Section 313 Cr.P.C. has been recorded. However, no defence evidence has been led by him.
5. Vide judgement of conviction and order of sentence dated 04.10.2022, the appellant was convicted and sentenced as aforesaid. Aggrieved by the said judgement, appellant has preferred the instant appeal.
6. The prosecution has put forth a case to the effect that the victim, who was aged less than 18 years, has been kidnapped by the appellant and subjected to penetrative sexual intercourse.
7. To substantiate its case, the prosecution has examined the father of the victim as PW1, who has testified to the effect that on 12.04.2018, the victim went missing from the house in the morning hours. The victim has been examined as PW3, but significantly, she has not supported the prosecution version. ASI Ram Pal, PW2, had registered the FIR (Ex.PW2/1), on the receipt of the complaint and sent the special report to the higher authorities. Ravi Saini, PW4, is working as halqa patwari and had prepared the site plan (Ex.P4). Parveen, PW5, is working as Ahlmad in the Court of learned Judicial Magistrate First Class and had identified the signatures of the learned Judicial Magistrate on the statement under Section 164 Cr.P.C. (Ex.PW3/1). Lady ASI Sudesh, PW6, had taken the victim to General Hospital, Rohtak for the medical examination of the victim. Dr. Natasha Attri (PW7) had conducted the medical examination of the victim on 19.07.2018
The conviction in sexual offences requires credible and reliable evidence, especially regarding the victim's age, and reliance solely on secondary evidence without primary proof is insufficient.
The prosecution failed to prove the victim's age and the occurrence of sexual intercourse, leading to the acquittal of the appellant.
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
Conviction under IPC 363, 376 and POCSO Section 4 upheld for enticing minor (under 18) by suicide threat and penetrative sexual assault; consent immaterial; victim's corroborated testimony and medica....
The prosecution must prove the age of the victim beyond reasonable doubt in cases involving sexual offences under the POCSO Act, and the absence of reliable evidence can lead to acquittal.
In absence of proof of the victim's age, consent becomes relevant under POCSO, leading to the acquittal of the accused.
The conviction of a minor for kidnapping and repetitive rape is upheld when credible evidence establishes the victim's minority and the accused's actions contravene statutory provisions regarding chi....
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