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VIVEK AGARWAL, AVANINDRA KUMAR SINGH
Arun – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Singh, J. -- 1. The above mentioned two criminal appeals arise out of judgment of conviction dated 5.3.2024 passed by the learned Special Judge (POCSO Act), Chhindwara in SC No.07/2023 [State of M.P. v. Jitendra and another], therefore, they were heard analogously and are being disposed by this common judgment.
2. In brief, the case of the prosecution is that prosecutrix (PW.1) lodged repot on 3.1.2023 (Exhibit-P/1) that on 31.12.2022 at about 05.00 pm she was in her maternal grandmother’s house. Her father, mother, brother and sister had gone to the field. She knew Sahil Bhallavi for last one year. At about 07.00 pm Sahil called her on phone and asked her to accompany her to see ‘Kabaddi’ match at Jamuniya Jethu. Then she went with Sahil Bhallavi. At about 01.00 am Sahil took her to Mahavir Dhana and there he did wrong with her in a under constructed house situated behind the home of accused/Jitendra and thereafter left her alone at Mahavir Dhana and ran away. At about 09.00 am in the morning of 1.1.2023 accused/Jitendra called her on phone and then she told him that she is hiding near Mahavir Dhana. Then accused/Jitendra asked her to stay there. At about 7.30 p.m. accuse
The appeal was allowed as the prosecution failed to prove the prosecutrix's age and voluntary relationship negated the charges of abduction and rape.
The prosecution must provide conclusive evidence of a victim's age in POCSO cases; reliance on school records alone is insufficient without corroborative proof.
The importance of proving the prosecutrix's age and the need for corroboration in her statements to establish guilt beyond reasonable doubt.
The prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The main legal point established in the judgment is the requirement for the prosecution to prove the age of the prosecutrix and the reliability of her testimony beyond reasonable doubt, along with th....
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.
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