In cases of sexual assault against a minor, the slightest degree of penetration is sufficient to constitute the offence of rape. Age determination based on school records remains conclusive when the authenticity of such records is not challenged by the defense.

Judgment on Board

Per Ramesh Sinha, Chief Justice

22-04-2026

1. Learned counsel for the State submits that the notice issued to the mother of the victim has been served, however none appears to submit/object the appeal/application for suspension of sentence and grant of bail. Though the matter was listed for orders on I.A. No.01/2024 which is an application for suspension of sentence and grant of bail, however, considering the fact that the appellant is in jail since 27-02-2020, with the consent of parties, the matter has been heard finally.

2. The present Criminal Appeal has been filed under Section 415(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’) against the judgment of conviction and sentence dated 22-06-2024 passed by the learned Additional Session Judge, First Fast Track Special Court, POCSO, Raipur, District Raipur (C.G.) in Special Criminal (POCSO) Case No. 46/2020, whereby the appellant has been convicted and sentenced in the following manner:-

3. The prosecution case in brief is that the mother of the the victim, PW-2 lodged a written complaint to the police station Mandir Hasaud on 26-02-2020 Ex.-P/4 alleging in it that at about 03:30 p.m. her daughter informed her that the appellant dragged her towards field and in isolated place he opened his clothes and force her to massage of his penis and thereafter he removed her underwear also, laid her down on the ground and tried to make sexual intercourse with her, however he could not succeeded and left her. He gave her Rs.50/- and asked her not to disclose the incident to anyone. On the basis of her written complaint, the FIR Ex.-P/26 has been registered against the appellant for the offence under Section 376 of the IPC and Section 4 of the POCSO Act. The victim was sent for her medical examination to Primary Health Center Mandir Hasaud where she was medically examined by PW-4 Doctor Vijay Laxmi Anant and after her medical examination gave report Ex.-P/9. While medically examining the victim, the doctor has noticed abrasion present on her private part and redness was also present and she opined that she had gone through physical abuse and attempt to sexual intercourse within 12 to 20 hours prior to MLC. She was referred to Radiologist for age confirmation. The underwear of the victim has been seized vide seizure memo Ex.-P/2. Spot map Ex.-P/7 was prepared by the police and Ex.-P/10 was prepared by Patwari. With respect to the age and date of birth of the victim police has seized school register Ex.-P/27 vide seizure memo Ex.-P/17 and after retaining its attested truce copy Ex.-P/27C, the original register was returned back to the school. The progress report card of Class 5 of the victim has also been seized which is Article A1. The appellant was arrested on 27-02-2020 and he too was sent for his med