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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, AVANINDRA KUMAR SINGH
Deepak Yadav – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. background of the case and prosecution story. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments from appellant and respondent. (Para 6 , 7) |
| 3. court's detailed analysis and reasoning. (Para 10 , 11 , 12 , 13 , 14) |
| 4. doubt on age of prosecutrix and consensual relationship. (Para 15) |
| 5. conclusion on acquittal and further orders. (Para 16 , 17) |
ORDER :
Avanindra Kumar Singh, J.
With the consent of learned counsel for the parties, matter is heard finally.
This appeal is filed by appellant Deepak Yadav being aggrieved of judgment dated 08.06.2024 passed by the learned Additional Sessions Judge, Pavai, District Panna, in Special Case No.39/2022 ( State of M.P. through Police Station, Raipura Vs. Deepak Yadav and others ), whereby learned trial Court has acquitted accused (Rakesh Yadav) of the charges under Section 366A IPC and Section 16 r/w Section 17 of POCSO Act but convicted the present appellant/accused Deepak Yadav for offence under Sections 363 , 366A, 376(2)(N) of IPC and Section 5 (L) r/w Section 6 of POCSO Act and sentenced him as under:-
| Appellant Deepak Yadav | ||||
| Conviction | Sentence | |||
| Section | Act | Imprisonment | Fine | Imprisonment in lieu of fine |
| 366A | I.P.C. | R.I. for 3 years | Rs.200/- | R.I for 3 mon |
Prosecution must establish the minor status of the victim to sustain charges under sexual offence statutes; insufficient evidence led to acquittal.
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 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.
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 must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
The central legal point established in the judgment is the requirement for the prosecutrix's testimony to be reliable and corroborated by medical evidence or surrounding circumstances in cases of rap....
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....
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