Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Chh) 17631

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Pawan Das Hewar – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 404 of 2022

Advocates:
For the Appellants/Petitioners: Nirupama Bajpai
For the Respondents: Shailendra Sharma

In sexual assault cases involving minors, consent is legally immaterial. A conviction can be sustained on the cogent and truthful testimony of the victim alone, which may be further strengthened but does not require independent corroboration, especially when supported by reliable school age records and conclusive scientific DNA evidence.

Headnote:(A) Protection of Children from Sexual Offences Act, 2012 - Section 4 - Code of Criminal Procedure, 1973 - Section 374(2) - Indian Penal Code - Sections 376(1) and 506

(B) - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) - Determination of age of victim - School record and admission register - Admissibility and evidentiary value - Once school records proved, they prevail over other forms of evidence - Consent of minor is immaterial in sexual offence cases - Reliability of victim's testimony without corroboration - DNA and forensic evidence as conclusive proof. (Paras 4, 11-16, 21-28, 30-36)

(B) Evidence - Testimony of victim - Rape cases - Weightage and requirement of corroboration - A victim of sexual assault is not an accomplice - Conviction can be sustained on sole testimony of victim if it is cogent, consistent and inspires confidence - Courts should avoid hyper-technical approach and focus on broader probabilities - Minor contradictions should not defeat an otherwise reliable prosecution case. (Paras 19, 30-34)

Facts of the case:
An appeal was preferred against the conviction and sentencing for crimes involving sexual assault of a minor, criminal intimidation, and offences under the special law regarding prevention of atrocities. The prosecution case alleged that the minor victim was abducted and subjected to repeated sexual assault. The defense contended that the relationship was consensual and challenged the proof of the victim’s age, arguing that the school register entry lacked a verifiable source.

Findings of Court:
The court held that the school register, maintained in the regular course of official duties and proven by the headmaster, serves as valid documentary proof of age. The DNA analysis and forensic reports provided conclusive scientific corroboration linking the accused to the crime. The victim’s testimony was found to be natural, consistent, and trustworthy.

Issues: The main issues were the determination of the victim's age, whether the appellant committed penetrative sexual assault, the relevance of consent for a minor, and the evidentiary value of DNA profiles in supporting the victim's testimony.

Ratio Decidendi: The court ruled that age determination for a child victim should follow the evidentiary hierarchy established for juvenile justice. Once minority is established, consent is legally irrelevant. DNA evidence, when supported by a proper chain of custody, provides foolproof confirmation of sexual intercourse. A victim’s testimony in sexual assault cases does not require corroboration as a rule of law if it is found intrinsically reliable.

Result: Appeal dismissed. Conviction and sentence upheld.

Table of Content
1. establishing the prosecution's case and procedural history. (Para 3 , 4 , 5 , 6 , 7)
2. conflicting arguments regarding consent, age, and evidence reliability. (Para 8 , 9)
3. determination of victim's age via documentary school records. (Para 11 , 12 , 13 , 14 , 15 , 16)
4. reliability of victim testimony and corroboration by dna. (Para 17 , 18 , 19 , 20 , 21 , 22)
5. irrelevance of consent for minors and sc/st act application. (Para 23 , 24 , 25 , 26 , 27 , 28)
6. judicial standards for evaluating testimony in sexual assault cases. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37)
7. final orders, sentence confirmation, and appellate rights advisement. (Para 38 , 39 , 40)

Judgment on Board

Per, Ramesh Sinha, C.J.

1. Heard Ms. Nirupama Bajpai, learned counsel for the appellant. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the respondent/State.

2. This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) against the impugned judgment of conviction and order of sentence dated 25.01.2022, passed by the learned Additional Sessions Judge (F.T.C.) Kondagaon, District Kondagaon, C.G. in POCSO Case No.03/2021, by which the appellant has been convicted and sentenced as under:-

Conviction	Sentence
Under Section 04 of the Protection of Children from Sexual Offences Act, 2012	Life imprisonment and fine of Rupees 1000/- in default of fine additional R.I. for 03 Years.
Under Section 506 (B) of the Indian Penal Code	Rigorous imprisonment for 03 Years and fine of Rupees 1000/- in default of fine Additional R.I. for 01 Year
Under Section 3 (2) (V) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989	Life Imprisonment and fine of Rupees 1000/- in default of fine Additional R.I. for 03 years
Under Section 376 (1) of the Indian Penal Code	No separate sentence has been awarded.
All the sentences shall run concurrently.

3. Case of the prosecution, in brief, is that complainant PW-3, father of the victim, appeared at Narayanpur police station on 14/12/2020 and lodged a missing person report that his minor daughter had left her house along with her brother on 04/12/2020 to submit the answer sheet of class 10th at Government Higher Secondary School Halami Munjmeta. Her brother returned home after leaving her at the house of relative. On 10/12/2020 at around 5.00 pm, the victim proceeded from Halami Munjmeta saying that she was going home to Kalepal, who did not reach home till today. Her whereabouts were searched nearby but she was not found anywhere. On the information of which a missing person report was registered and crime number 196/2020 under section 363 IPC was registered and taken into consideration.

4. During the investigation, the victim was recovered on 15/12/2020, from the possession of the appellant and the recovery Panchnama Ex. P/7 was prepared. She was sent for her medical examination to District Hospital Narayanpur, where she was medically examined by PW-6 Dr. Sakun Markam. While medically examining the victim, the doctor had not noticed any external injuries on her body; however, her hymen was ruptured, and redness was found on her private part, and she gave her MLC report Ex. P/7. Two slides of her vaginal swab were prepared, sealed and handed over to the police for their chemical examination. Spot map Ex. P/3 was prepared by the police. The social status certificate of the victim has been seized vide seizure memo Ex. P/2, in which the victim is shown to belong to the Scheduled Tribe community. With respect to the age and date of birth of the victim, the police have seized the class 5th and 9th mark-sheet vide seizure memo Ex. P/4. The school register has also been seized from the school vide seizure memo Ex. P/25, and after retaining its attested true copy Ex. P/31C, the original register was returned. As per the school register, the date of birth of the victim is 03/04/2004. The appellant was

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2026 Supreme(Online)(Chh) 17631

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJ, Ravindra Kumar Agrawal, JPawan Das Hewar – AppellantVersusState of Chhattisgarh – RespondentCRA No. 404 of 2022

Cases Referred (13)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Pawan Das Hewar – Appellant
Versus
State of Chhattisgarh – Respondent
CRA No. 404 of 2022