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VIVEK RUSIA, BINOD KUMAR DWIVEDI
Tijubai @ Omvati Bai – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Dwivedi, J. --1. The present criminal appeal has been filed under section 374 of the Code of Criminal Procedure, 1973 by the appellants against the judgment of conviction and sentence dated 9.3.2015 passed by the 1st Additional Sessions Judge, Biaora, District Rajgarh in S.T. No.422/2013, whereby the appellants have been convicted and sentenced as under:
| Conviction | Sentence | |||
| Section | Act | Imprisonment | Fine if deposited details | Imprisonment in lieu of fine |
| 120(b)(1) | IPC | 14 years R.I. | Rs. 1,000/- | 6 months R.I. |
| 363 | IPC | 7 years R.I. | Rs. 1,000/- | 6 months R.I. |
| 342 | IPC | 1 year R.I. | Rs. 500/- | 1 month R.I |
| 366 | IPC | 10 years R.I. | Rs. 1,000/- | 6 months R.I. |
| 506(II) | IPC | 3 years R.I. | Rs. 1,000/- | 2 months R.I. |
| 376(d) | IPC | L.I. | Rs. 10,000/- | 1 Year R.I. |
| 376(2)(N) Appellant No. 2 | IPC | L.I. | Rs. 10,000/- | 1 Year R.I. |
| 376(1) Appellant No. 2 | IPC | 10 years R.I. | Rs. 5,000/- | 6 months R.I. |
2. The prosecution story as having emerged during trial, briefly state
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 court emphasized the necessity for the prosecution to prove the victim's age and elements of force beyond reasonable doubt in cases involving sexual offenses against minors.
The court emphasized that significant inconsistencies in victim statements, delay in FIR, and lack of corroborative evidence led to the acquittal of the appellant in a sexual assault case.
The prosecution failed to prove the age of the prosecutrix was below 18 years and that the appellant committed forcible sexual intercourse, leading to the acquittal of the appellant.
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