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VIVEK AGARWAL, DEVNARAYAN MISHRA
Uvesh Mohammad – Appellant
Versus
State of M. P. – Respondent
JUDGMENT
Per: Justice Vivek Agarwal
1. With the consent, the case is taken up for final disposal in motion hearing.
2. Learned counsel for the appellant submits that he is not pressing I.A. no.7457/2024 an application for suspension of sentence and grant of bail and it is dismissed as withdrawn.
3. Appellant is aggrieved of the judgment dated 3.11.2022 passed by learned II Additional Sessions Judge and Special Judge, Protection of Children from Sexual Offences Act, 2012, Begumganj, District-Raisen in S.C. No.44/2020 whereby learned trial Court has convicted and sentenced appellant in the following manner:
| Conviction | Sentence | |||
| Section | Act | Imprisonment | Fine | Imprisonment in lieu of fine |
| 363 | I.P.C. | R.I. for five years | Rs. 1,000/- | R.I. for two months |
| 366 | I.P.C. | R.I. for seven years | Rs. 1,000/- | R.I. for two months |
| 376(2)(n) | I.P.C. | R.I. for twenty years | Rs. 3,000/- | R.I. for three months |
| 5(J)(ii)/6 | POCSO Act | R.I. for twenty years | Rs. 3,000/- | R.I. for three months |
4. It is submitted that appellant is innocent. The matter of consent has been conver
The prosecution failed to prove the age of the prosecutrix, leading to the conclusion that the relationship was consensual, thus negating the charges of kidnapping and sexual assault.
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....
The POCSO Act prohibits any sexual activity with a minor, regardless of claims of consent, emphasizing the importance of age determination through reliable documents.
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
Proof of minor status is essential under POCSO; without clear age determination, conviction cannot stand. The benefit of doubt must accrue to the accused when age is unproven.
The central legal point established in the judgment is the importance of proving the prosecutrix's age and consent in cases involving offences under IPC Sections 363, 366, 376 and the Scheduled Caste....
The prosecution bears the burden of proving the victim's age in cases involving the POCSO Act, and failure to do so undermines the validity of charges related to sexual offences against minors.
The court ruled that the prosecutrix was above 18 years and a consenting party, negating the applicability of POCSO Act provisions.
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