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G. S. AHLUWALIA
Deepak Prajapati – Appellant
Versus
State of Madhya Pradesh Gwalior – Respondent
JUDGMENT :
Record of the Court below has been received.
1. Heard on I.A. No.11968/2021, an application seeking permission to change the counsel.
2. Since this application is not opposed by earlier counsel appearing for the appellant, therefore, the same is allowed and Mr. Ashirbad Dwivedi is permitted to appear on behalf of the appellant.
3. Also heard on I.A. No.5582/2021, an application under Section 389 of the Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant.
4. It is submitted by learned counsel for the appellant that the appellant is in jail for almost about seven years out of the total jail sentence of ten years awarded by the Trial Court, therefore, his prayer for bail may be considered on the ground of his period of detention as well as the fact that the hearing of this appeal may take time.
5. An option was given to learned counsel for the appellant that if he so desires, then he can argue the matter finally. Accordingly, Mr. Ashirbad Dwivedi, learned counsel for the appellant submitted that he is ready & willing to argue the case today finally.
6. Thus, with the consent of learned counsel for the parties, this appeal is heard finally.
The reliability of the prosecutrix's testimony and the application of the POCSO Act provisions in determining the appropriate sentence were the central legal points established in the judgment.
A perusal of Rule 12(3) of J.J.Rules itself reveals that the first priority has to be given to the Matriculation or equivalent certificate and in the absence thereof, to the date of birth certificate....
School records' date of birth entries admissible but not conclusive proof of age without evidence of basis; prosecution must prove victim's minority beyond reasonable doubt for statutory rape convict....
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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