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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.Tukaramji
Banoth Anil – Appellant
Versus
State represented by S.H.O – Respondent
ORDER :
N.Tukaramji, J.
These Criminal Revision Cases are filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (“BNSS”) by the petitioners, assailing the common orders dated 17.10.2025 passed in Crl.M.P. Nos. 81 and 82 of 2024 in SC (POCSO) No. 200 of 2021 on the file of the learned Fast Track Special Sessions Judge for Expeditious Disposal of Cases of Rape and Protection of Children from Sexual Offences (POCSO Act, 2012)-cum-Principal Sessions Judge, Mahaboobabad.
2. As the issues raised in both revision petitions are interconnected and arise from the same factual matrix, they are being heard together and disposed of by this common order.
3.1. In Crl.M.P. No. 82 of 2024, the petitioners/accused Nos. 1 to 7 sought issuance of summons to the Head Masters/Principals of (i) Education Technology School, Thorrur; (ii) SLS Scholars School, Suryapet; (iii) PSR High School, Thorrur; and (iv) the Panchayat Secretary of Somarapukunta Thanda, Thorrur Mandal, for production of the school records pertaining to the date of birth of PW.2.
3.2. In Crl.M.P. No. 81 of 2024, the petitioners prayed for sending Ex. P-4 (the extract from the admission register) to the handwriti
The accused's right to present defense evidence on age determination is essential to uphold fair trial standards, particularly under POCSO proceedings.
The court upheld the conviction under the POCSO Act, affirming that consent is irrelevant when the victim is a minor, and established the victim's age as 16 years through credible evidence.
The prosecution must provide verifiable evidence to establish a victim's age when charging under the POCSO Act, as mere testimony is insufficient to prove minority.
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....
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