School records serve as primary evidence for age determination of a victim. In sexual assault cases involving minors, scientifically validated DNA evidence identifying the accused as the parent of the resulting child constitutes conclusive proof of the offense, rendering the defense of consent legally and factually unsustainable.

Judgment on Board

Per Ramesh Sinha, Chief Justice

22-04-2026

1. Learned counsel for the State submits that the notice issued to the father 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 30-08-2021, with the consent of parties, the matter has been heard finally.

2. The present Criminal Appeal has been filed under Section 374(2) of Code of Criminal Procedure, 1973 (in short ‘the Cr.P.C.’) against the judgment of conviction and sentence dated 19-03-2024 passed by the learned Additional Session Judge, (F.T.S.C.), POCSO Act, Bastar place Jagdalpur (C.G.) in Special Session Case No. 77/2021, whereby the appellant has been convicted and sentenced in the following manner:-

3. The prosecution case in brief are that, the victim lodged FIR on 30-08-2021 Ex.-P/1 against the appellant with the allegation that in the year 2019 when she was studying in class 7, his neighbour, i.e., the appellant was used to come to her house for watching T.V. At the time when her parents had gone to their work and she was alone in her house he made forceful physical relation with her and threatened her not to disclose the incident to anyone otherwise he will brutally beat her. Thereafter, he regularly made physical relation with her at bamboo tree plant after threatening her and despite her protest he could stop. When she conceived pregnancy for about 6-7 months her mother took her to the doctor and when her pregnancy was disclosed to her mother she disclosed the incident to her. She gave birth to a female child on 04-12-2020 and the appellant threw her from his house. The victim was sent for her medical examination to Maharani Hospital Jagdalpur where she medically examined by PW-7 Doctor Anjana Bhaskar who gave her report Ex.-P/17. According to the medical report of the victim, the doctor has opined that no definite opinion can be given regarding rape. With respect to her age and date of birth police has seized the mark sheet of Class 8th of the victim, Article 1 vide seizure memo Ex.-P/2. The school register and certificate have also been seized from the school vide seizure memo Ex.-P/14 and after retaining its attested true copy Ex.-P/15C the original school register was returned back to the school. As per the school register Ex.-P/15C and certificate issued by the Head Master of the school, the date of birth of the victim is 17-05-2006. Spot map Ex.-P/4 was prepared by police. The appellant was arrested on 30-08-2021 and he too was sent for his medical examination to Civil Hospital Bhanpuri where he was medically examined by Doctor F.L. Nishad who gave his report Ex.-P/21. According to the MLC report of the appell