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SANJAY KUMAR
Yumnam Swamy Singh – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. By order dated 08.05.2019, the learned Special Judge (POCSO), Imphal East, dismissed Criminal Misc. Case No.156 of 2018 (Ref: Special Trial (POCSO) No.13 of 2015). Aggrieved thereby, the applicant therein, the accused in the main case, filed this revision under Section 397 Cr.P.C.
2. By order dated 11.06.2019, this Court granted stay of further proceedings in Special Trial (POCSO) No.13 of 2015 on the file of the learned Special Judge (POCSO), Imphal East.
3. Heard Mr. N.Surendrajit Singh, learned counsel for the petitioner; and Mr. R.K.Umakanta, learned Public Prosecutor, appearing for the State.
4. Special Trial (POCSO) No.13 of 2015 arose out of FIR No.14(9)2014 WPS-IE, registered under Sections 366, 366-A and 376 IPC along with Section 4 of the Protection of Children from Sexual Offences Act, 2012. The accused allegedly committed criminal acts upon the complainant's minor daughter. However, a charge was framed against the accused by the learned Special Judge only in relation to the offence alleged under Section 4 of the Protection of Children from Sexual Offences Act, 2012. After the examination of 8(eight) witnesses during the trial, the case was fixed for final argume
The significance of consistent school records in determining the age of a victim, as emphasized by the court and supported by relevant legal provisions and case law.
The determination of a victim's age, especially in cases involving minors, relies on the presumption of minority based on credible evidence such as school records and medical examination. The evident....
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
The main legal point established in the judgment is the significance of the victim's age in determining the alleged offences under the POCSO Act and the Indian Penal Code, and the reliance on the Juv....
The prosecution must prove its case beyond reasonable doubt, and discrepancies in evidence can lead to acquittal in sexual assault cases.
Deceased minor victim's statements on sexual assault admissible under Evidence Act S.32 if causing death; school-first certificate proves age; no dual sentence under IPC S.376 and POCSO S.4 per S.42 ....
where it was found on enquiry that educational certificates were fabricated or manipulated, the Court could discard the date of birth as reflected therein.
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