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2026 Supreme(Online)(Chh) 17620

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Rupesh Kumar Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 684 of 2024

Advocates:
For the Appellants/Petitioners: U.K.S. Chandel
For the Respondents: Sourabh Sahu

In a criminal trial, unauthenticated school records are insufficient to prove a victim's age. When the victim's voluntary conduct and inconsistencies in testimony create reasonable doubt regarding the elements of force or coercion, the prosecution fails to meet its burden of proving charges of kidnapping and rape.

Headnote:(A) Indian Penal Code, 1860 - Sections 363, 366 and 376(3) - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Kidnapping and Rape - Determination of age - Prosecution relying on school admission register to prove status as minor - Absence of evidence from author of entries or supporting documents like birth certificate renders school record inconclusive as proof of age - Evidence of age must be based on reliable and admissible documentation, failing which standard of proof for minority is not met. (Paras 14, 18 and 19)

(B) Evidence of victim - Reliability - Contradictions and omissions between statement under Section 164 of the Cr.P.C. and court testimony - Voluntary departure from home, lack of resistance, and absence of external injuries or struggle during medical examination create serious doubt regarding allegations of force or coercion in abduction and sexual intercourse - Voluntary companionship inconsistent with charge of kidnapping. (Paras 24, 25 and 30)

Facts of the case:
The appellant was convicted for kidnapping and raping a minor. The prosecution case relied on a school admission register to establish the minor status of the victim and statements of the family regarding her disappearance. The victim stated she was in a consensual relationship with the appellant and left her home voluntarily due to family pressure, later admitting to consensual physical relations in her prior statements.

Findings of Court:
The prosecution failed to prove the victim was a minor beyond reasonable doubt, as the school register was not duly authenticated or corroborated. The victim's own evidence and conduct indicated a consensual departure and relationship, negating the existence of kidnapping or forcible sexual assault.

Issues: The main issues were the sufficiency of the school register as proof of minority and whether the prosecution established the essential ingredients of kidnapping and rape when the victim's conduct suggested voluntary, consensual actions.

Ratio Decidendi: A conviction cannot be sustained on uncorroborated school records where the author remains unexamined, and when the victim's own testimony and sustained voluntary conduct create reasonable doubts regarding the elements of force or coercion necessary to establish the offences.

Result: Appeal allowed; conviction set aside; appellant acquitted.

Table of Content
1. summary of trial court convictions and documented investigative procedural steps taken. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. parties' contentions regarding age determination and consent versus coercion. (Para 10 , 11)
3. standard of proof required for age determination using school records under section 35 evidence act. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
4. distinction between kidnapping and consensual movement/residence with a major or minor. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
5. requirements for conviction reliability and formal order of acquittal. (Para 31 , 32 , 33 , 34 , 35 , 36)

Judgment on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. U.K.S. Chandel, learned counsel for the appellant and Mr. Sourabh Sahu, learned Panel Lawyer for the Respondent/State.

2. This appeal arises out of the judgment of conviction and sentence dated 05.09.2023, passed by the learned 1st Additional Sessions Judge (POCSO Act), Janjgir, District Janjgir-Champa (C.G.), in Special Session Case No. 17/2022, whereby the appellant has been convicted and sentenced as under:

Conviction	Sentence
Under Section 363 of IPC	R.I. for 03 years and fine of Rs. 10,000/- in default of fine additional S.I. for 3 months.
Under Section 366 of IPC	R.I. for 05 years and fine of Rs. 20,000/- in default of fine additional S.I. for 6 months.
Under Section 376 (3) of IPC	R.I. for 20 years and fine of Rs. 2,50,000/- in default of fine additional S.I. for 2 year.
Under Section 6 of Protection of Children from Sexual Offences Act, 2012	No separate sentence is awarded.
All the sentences shall run concurrently.

3. The brief facts of the case are that on 03.02.2022, a written complaint (Ex.P-6) was lodged by the father of the victim (PW-02) at Police Station Mulmula stating therein that on the intervening night of 30–31.01.2022, his minor daughter went missing from the house and despite search, her whereabouts could not be traced, and later it was suspected that the appellant had taken her away. On the basis of the said complaint, First Information Report (Ex.P-7) was registered for the offence under Sections 363, 366 and 376 of the IPC and Sections 4 and 6 of the POCSO Act against the appellant, and the police started investigation.

4. During the investigation, the victim was recovered on 05.02.2022 from the possession of the appellant at Village Douna (U.P.) and recovery panchnama (Ex.P-11) was prepared in presence of witnesses. Thereafter, the victim was sent for her medical examination, where PW-13/Dr. Katyayani Singh medically examined her and gave report (Ex.P-13). While examining the victim, the doctor did not notice any external or internal injury on her private parts and opined that she was habitual to sexual intercourse. Vaginal slides and undergarments were collected, sealed and handed over to the police for chemical examination. The appellant was also medically examined by PW-14/Dr. Saurabh Yadav, who opined that the appellant was capable of performing sexual intercourse. The seized articles were sent to the Forensic Science Laboratory, Bilaspur, and as per FSL report (Ex.P-23), semen and human spermatozoa were found on the vaginal slides and undergarments.

5. With respect to the age and date of birth of the victim, the police seized the school admission register from the concerned Primary School vide seizure memo (Ex.P-1), wherein the date of birth of the victim is recorded. After retaining the relevant extract, the school record was relied upon during investigation. The spot map (Ex.P-8) was prepared by the investigating officer and the Nazari Naksha (Ex.P-9) was prepared by the Patwari.

6. The statements of the witnesses under Section 161 Cr.P.C. and the statement of the victim under Section 164 Cr.P.C. were recorded during the course of investigation, and after completion of usual investigation, charge-sheet was filed before the learned trial Court for the offences under Sections 363, 34, 366 and 376

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2026 Supreme(Online)(Chh) 17620

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJ, Ravindra Kumar Agrawal, JRupesh Kumar Yadav – AppellantVersusState Of Chhattisgarh – RespondentCRA No. 684 of 2024

Cases Referred (5)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Rupesh Kumar Yadav – Appellant
Versus
State Of Chhattisgarh – Respondent
CRA No. 684 of 2024