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VIVEK PURI
Deepak – Appellant
Versus
State of Haryana – Respondent
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 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.
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.
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....
The reliability of the victim's testimony and the presumption under section 29 of the POCSO Act were crucial in establishing the accused's guilt.
Penetrative sexual assault upon minor girl – It is incumbent upon prosecution to establish beyond all reasonable doubts that victim was below 18 years as on date of occurrence to attract provisions o....
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