Conviction under POCSO and IPC sections requires high-quality, cogent evidence to determine the victim's age; where age proof is contested and unreliable, and the victim's conduct suggests voluntary association, the prosecution fails to establish the offence beyond reasonable doubt, warranting acquittal.

Judgment on Board

Per Bibhu Datta Guru, J.

1. I.A. No.2/2025, application for urgent hearing.

2. On due consideration, the same is allowed.

3. In the present case, there are two accused persons namely Sheikh Saddam and Prem Chouhan. Out of them, Prem Chouhan has been acquitted by the trial Court.

4. This appeal is directed against the judgment of conviction and sentence dated 29/10/2022 passed by the learned Additional Sessions Judge Second Fast Track Special Court, Bilaspur, C.G. in Special Criminal Case POCSO No.82/2018, whereby the appellant has been convicted and sentenced as under:-

All the sentences are directed to run concurrently.

5. Facts of the case, in brief, is that, PW-3/complainant, who is the father of the victim, lodged a report at Police Station Sakri that on 11/05/2018, at about 6:00 p.m., he returned home after work and found that his daughter was not at home. When he searched nearby area, then PW-1, friend of victim informed that the victim used to talk with the appellant and had gone with him. Thereafter, he talked with the appellant over the phone, then the appellant told that the victim was with him in Chaitma. They went to Village Chaitma by car, where they found the victim in front of a shop beside the road. While bringing them back to the village, the victim stated that she had known Sahil since the month of March, that he frequently talked to her over the phone. The appellant told her “I love you and he would marry her”. On 11/05/2018 at around 11:00 am, the appellant called her and asked her to come under the Turkadih bridge. She told her friend PW-1 in this regard. Thereafter, she had gone with the appellant on his motorcycle and on the pretext of marriage, the appellant committed sexual intercourse with her. Based on above facts, FIR was registered vide Ex.P-2, Crime details form was prepared vide Ex.P-4. Medical examination of victim was conducted. With regard to ascertain the age of the victim, Dakhil Kharij Register Article-A was seized. After completing the investigation, the final report was prepared.

6. In order to bring home the above-stated offence, the prosecution examined as many as 13 witnesses and exhibited 18 documents. Statement of the appellant under Section 313 of the Cr.P.C. was recorded, wherein he has pleaded his innocence and false implication in the matter.

7. After appreciation of oral as well as documentary evidence produced by the prosecution, the learned trial Court has convicted the appellant and sentenced him as mentioned in opening paragraph of this judgment. Hence this appeal.

8. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. He submits that the victim herself used to talk with the appellant and by her own will, she had gone with the appellant. He further submits that the victim and the appellant are known to each other and the victim was a consenting party. The prosecution has miserably failed to prove the actual age of the victim and PW-6 Principal of the school stated in her evidence that she has not recorded the date of birt