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RAVINDRA MAITHANI, ALOK KUMAR VERMA
Suraj Pal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
ALOK KUMAR VERMA, J.
This Criminal Jail Appeal has been filed against the judgment dated 07.08.2015/10.08.2015, passed by the Judge, Fast Track Court/Additional Sessions Judge/Special Judge, POCSO, Udham Singh Nagar in Special Sessions Trial No. 08 of 2014, “State vs. Suraj Pal”, whereby, the appellant has been convicted under Sections 363, 366, 376 (2) of the Indian Penal Code (hereinafter referred to as, “IPC”) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as, “the Act, 2012”) read with Section 42 of the Act, 2012 and has been sentenced to undergo rigorous imprisonment for a period of twelve years along with a fine of Rs.50,000/- for the offence under Section 376 (2) of IPC. In default of payment of fine, the appellant has been directed to undergo further additional simple imprisonment for a period of six months. He has been sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.10,000/- for the offence punishable under Section 366 of IPC. In default of payment of fine, the appellant has been directed to undergo further additional simple imprisonment for a period of three months
The credibility and acceptability of evidence, especially regarding the age of a minor, are crucial in cases involving offenses against children.
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
Prosecution must prove the age of the victim to secure conviction under relevant IPC sections; evidentiary discrepancies can lead to acquittal.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
The judgment emphasizes the admissibility of school registers to determine the age of a minor, the reliability of the victim's testimony in sexual offence cases, and the mandatory minimum sentences u....
The determination of the prosecutrix's age and the credibility of the prosecution's evidence are crucial in establishing the guilt of the accused.
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