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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
State of U. P. – Appellant
Versus
Sandeep Vishwakarma – Respondent
ORDER :
ORDER ON DELAY CONDONATION APPLICATION NO. 01 OF 2024
1. Delay in filing the appeal has been explained to the satisfaction of the Court.
2. Delay in filing the leave to appeal is condoned.
3. The delay condonation application is, accordingly allowed.
ORDER ON CRIMINAL MISC. (LEAVE TO APPEAL) APPLICATION
4. This appeal is by State alongwith an application for grant of leave to challenge the judgment of acquittal dated 06.02.2024, passed by Special Judge (Juvenile Court) Room No. 1/Additional Sessions Judge, Mau in Special Sessions No. 26 of 2017 (State Vs. Sandeep Vishwakarma) Arising Out of Case Crime No. 159 of 2017 under Sections 363, 366, 376 I.P.C. and Section 3/4 of POCSO Act, 2012 Police Station Ranipur, District Mau.
5. As per the prosecution case, on 23.04.2017 at about 07:30 P.M. when the informant's daughter aged about 17 years had gone to ease herself two youngsters came on a bike and took her away. The passerby informed about it to the informant. The victim was in touch with the accused Sandeep Vishwakarma from before and when the informant made necessary inquiry from the accused-opposite party, he did not inform anything to the father of the victim. On pressure being
The presumption of juvenility under Section 94(2) of the Juvenile Justice Act is rebuttable, allowing the court to accept evidence that contradicts the matriculation certificate regarding age.
The prosecution must prove the victim's age and the elements of the crime beyond a reasonable doubt, with evidence of consent negating charges of kidnapping and rape.
The prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
Proof of age – Such person who is supporting date of birth recorded in school leaving certificate has to disclose source of date of birth.
The prosecution must prove a victim's age beyond reasonable doubt, and consent negates charges of kidnapping and rape when the victim willingly engages in a relationship.
The main legal point established in the judgment is the significance of the victim's age in determining the alleged offences under the POCSO Act and the Indian Penal Code, and the reliance on the Juv....
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
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