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S. VAIDYANATHAN, W. DIENGDOH
Rinku Kumar Tyagi – Appellant
Versus
State of Meghalaya Through Superintendent of Police – Respondent
JUDGMENT
S. Vaidyanathan, CJ. - This Criminal Appeal is directed against the judgment and order dated 16.12.2021 and order of sentence dated 20.12.2021, passed by the Special Judge (POCSO), District and Sessions Court, Shillong in Special (POCSO) Case No.3/2016 and the accused / Appellant herein was convicted by the Trial Court for the offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act, 2012') and sentenced to undergo Life Imprisonment and to pay a fine of Rs.10,000/- and sentenced to undergo imprisonment for ten years under Section 366A of IPC and to pay a fine of Rs.10,000/-, in default to undergo Imprisonment for one month for each default. The Sentences were ordered to run concurrently and the total fine amount awarded as compensation was directed to be paid to the victim girl.
Brief Prosecution Case:
2. A complaint was given by the father (P.W.1) of the victim girl on 05.04.2013 before Madanrting Police Station, East Khasi Hills, stating that his daughter aged 14 years was found missing on 04.04.2013 at 6.45am. With the help of the mobile number provided by the complainant, the victim girl was secured along with the accused f
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
(1) It is only when there is penetrative sexual assault which implies sexual contact with or without consent of minor victim, that offences under POCSO Act are committed.(2) Only in absence of birth ....
Prosecution must establish victim's age and consent beyond reasonable doubt; reliance on unverified documents and lack of corroboration leads to acquittal in sexual assault cases.
The main legal point established in the judgment is the requirement for concrete proof of the authenticity of documents, such as school records and birth certificates, to establish the age of the pro....
Point of Law : Prosecution has failed to prove beyond doubt that the victim was below 18 years of age as on the date of the incident. Under these circumstances, the accused cannot be held guilty of o....
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
It stands well settled that circumstances not put to an accused under Section 313 Cr.PC. cannot be used against him and must be excluded from consideration - In a criminal trial, importance of questi....
The court emphasized the necessity of proper age determination procedures under the Juvenile Justice Act, concluding that the prosecution failed to establish the victim's age as under 18, leading to ....
The main legal point established in the judgment is the importance of proving the age of the victim to establish the commission of offences under the POCSO Act. The judgment emphasizes the admissibil....
The court emphasized that the burden to prove the victim's age lies with the prosecution, which failed to establish it through credible evidence, leading to the acquittal of the appellant.
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