Back
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, AVANINDRA KUMAR SINGH
Babu Saur – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. details provided about the prosecution's case and the circumstances surrounding the missing person report. (Para 5) |
ORDER :
This appeal is filed by the appellant being aggrieved of judgment dated 07.12.2023 passed by the Special Judge (POCSO Act, 2012), Narmadapuram in Special Case No.110/2021 [State of M.P. Vs. Babu Saur] whereby appellant/accused has been convicted under sections 363, 366, 376(3), 376(2)(n) of the Indian Penal Code and sections 5 (l) r/w 6 & 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”) and sentenced as below:-
2. Against the judgment of conviction and sentence this appeal has been filed on the ground that prosecution failed to prove its case beyond reasonable doubt. There is no reliable proof of date of birth. Evidence shows that when the prosecutrix left her parental home she was more than 18 years and she left the house at her own volition and, therefore, appeal should be allowed and judgment of conviction & sentence should be set aside.
4. We have perused the record and considered the arguments of learned counsel for the parties.
6. As per prosecution story, prosecutrix states
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.
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 prosecution must provide conclusive evidence of a victim's age and lack of consent in sexual assault cases; insufficient evidence leads to acquittal.
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....
The importance of proving the prosecutrix's age and the need for corroboration in her statements to establish guilt beyond reasonable doubt.
Point of law: There can be no iota of doubt that on the basis of the sole testimony of the prosecutrix, if it is unimpeachable, a conviction can be based. However, in the case on hand, the testimony ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
