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IN THE HIGH COURT OF TELANGANA
E.V.VENUGOPAL
G. Vijay Kumar , Vijay – Appellant
Versus
State Of Telangana – Respondent
JUDGMENT :
(E.V. VENUGOPAL, J.)
1 Challenge in this appeal is to the judgment dated 26.12.2017 passed in Sessions Case PCS No.18 of 2016 on the file of the Court of the I Additional Metropolitan Sessions Judge-cum-Special Judge for Trial of Cases under Protection of Children from Sexual Offences Act, 2012, Hyderabad wherein and whereby the appellant herein was found guilty of the offences punishable under Sections 6 of the POCSO Act, 376 (2) (n), 363 and 365 of IPC and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.2,000/ - for the offence under Section 6 of the POCSO Act, rigorous imprisonment for ten years and to pay fine of Rs.2,000/ - for the offence under Section 376 (2) (n) of IPC, rigorous imprisonment for five years each and to pay fine of Rs.2,000/ - each for the offences punishable under Sections 363 and 365 of IPC.
2 The facts in brief that lead to the filing of the present criminal appeal are that on 26.12.2014 P.W.1 lodged a complaint stating that her grand daughter P.W.5 was found missing. Basing on the said complaint a case in Cr.No.518 of 2014 under Sections 3 63 and 365 of IPC was registered by P.W.10-ASI of Police and l
The prosecution failed to establish the victim's status as a minor, thus precluding conviction under the POCSO Act and related IPC sections due to insufficient evidence.
The court reinforced the importance of proving victim’s age via school records under the Juvenile Justice Act, alongside acknowledging that minor discrepancies in testimony do not discount credibilit....
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.
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....
The prosecution failed to establish the victim's age under POCSO Act, rendering the conviction invalid due to insufficient evidence and procedural errors.
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....
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