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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, DEVNARAYAN MISHRA
Surendra Uikey – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Vivek Agarwal, J.
This criminal appeal is filed under Section 374(2) of the Code of Criminal Procedure being aggrieved of the judgment dated 14/07/2022 passed by the learned Special Judge (POCSO Act) Balaghat in S.C. No. 31/2019 convicting appellant Surendra Uikey under Section 363 of I.P.C. and sentenced to undergo five years R.I. with fine of Rs. 10,000/- with default stipulation of six months R.I., Section 366 (ka) of I.P.C. and sentenced to undergo five years R.I. with fine of Rs. 10,000/- with default stipulation of six months R.I., Section 376 (2) (n) of I.P.C. and sentenced to undergo R.I. for life with fine of Rs. 10,000/- with default stipulation of six months R.I. and Section 5L/6 of POCSO Act is in regard to for offence under Section 376(2)(n) of I.P.C.
2. Learned counsel for the appellant submits that the appellant is innocent. It is submitted that as per the prosecution story on 5/01/2019 at about 9:30 A.M., the prosecutrix left her home to attend her school but when she did not return back till evening, then she was searched in the places of relatives but when she could not be traced, then Crime No.1/2019 was registered at Police Station Changotola against unknow
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 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 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 reliable and valid evidence to prove the age of the prosecutrix beyond reasonable doubt, especially in cases where the age is a....
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....
Point of Law : Crime against women and Children - Procuration of minor girl - Determination of age of Prosecutrix - Conviction Upheld - It is well established that at time of incident, prosecutrix wa....
The main legal point established in the judgment is the requirement for the prosecution to establish guilt beyond reasonable doubt, especially in cases involving discrepancies in evidence and inconsi....
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