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HIGH COURT OF JUDICATURE AT ALLAHABAD
ABDUL SHAHID
Akash Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
ABDUL SHAHID, J.
1. Heard Sri Prem Prakash Yadav, learned counsel for the revisionist and learned A.G.A. for the State. None is present for the Opposite Party No. 2 despite service of notice.
2. The instant Criminal Revision has been preferred against the impugned judgment and order dated 20.9.2025 passed by the Addl. District & Sessions Judge, POCSO Act, (Exclusive) Jaunpur in S.S.T. No. 124 of 2024 ( State Vs. Akash Yadav, arising out of Case Crime No. 78 of 2024, under Section 376 IPC and Section 5 /6 POCSO Act, P.S. Mugrbadshahpur, District Jaunpur.
3. Learned counsel for the revisionist has submitted that the learned trial court has ignored the statement of the prosecutrix recorded under Section 161 Cr.P.C. and 164 Cr.P.C. which shows material contradictions regarding the alleged age of the prosecutrix. The medical report of the prosecutrix as stated, the age of the prosecutrix as approximately 18 years on the date of medical examination, although her age was 18 plus (1-2) is equal to 19-20 years. This contradicts the school certificate which suggest her date of birth dated 20.11.2007, mentioning her age nearly 18 years at the time of the alleged incident i.e. on 6.3
Consent between parties close to the age of majority does not invoke provisions of POCSO Act, and medical age determination takes precedence over educational documents for assessing age of victim.
The court held that discrepancies in the victim's testimony and lack of corroborating evidence created reasonable doubt, leading to the appellant's acquittal.
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
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....
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
The central legal point established in the judgment is the requirement to prove the victim's age to invoke the provisions of the POCSO Act and the evidentiary value of the School Leaving Certificate ....
(1) Entry of date of birth, as recorded in School Register, is relevant and admissible in evidence under Section 35 of Evidence Act.(2) Mere fact that wisdom tooth have not erupted is not of great im....
The prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
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