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VIVEK PURI
Deepak – Appellant
Versus
State of Haryana – Respondent
| 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 fi |
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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