AI Overview...
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Prosecutrix's Age - Multiple sources highlight the importance of establishing whether the prosecutrix was a minor at the time of the alleged offence. Some cases note difficulties in proving her age conclusively, leading to acquittals when age cannot be established beyond reasonable doubt State of Chhattisgarh, Through its Station House Officer, Police Station Urla, District Raipur (CG) vs Raghavpal @ Murli @ Dadu S/o Satrughan Pal - Chhattisgarh, Rajiv Kumar @ Raju S/o Baratu Ram vs State Of Chhattisgarh Through Station House Officer- Chakradhar Nagar - Chhattisgarh, Raj Kishore vs State - Delhi.
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Justification of Acquittal - Several judgments emphasize that if the prosecution fails to prove the minor status of the prosecutrix or if her age is doubtful, the trial court's decision to acquit is justified. Courts have upheld acquittals when evidence regarding age and consent remains inconclusive State of Chhattisgarh, Through its Station House Officer, Police Station Urla, District Raipur (CG) vs Raghavpal @ Murli @ Dadu S/o Satrughan Pal - Chhattisgarh, Rajiv Kumar @ Raju S/o Baratu Ram vs State Of Chhattisgarh Through Station House Officer- Chakradhar Nagar - Chhattisgarh, Raj Kishore vs State - Delhi.
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Credibility and Evidence - The credibility of the prosecutrix's testimony and corroborative medical or forensic evidence are critical. Hostile witness testimonies, lack of corroboration, or failure to prove sexual assault beyond reasonable doubt often lead courts to uphold acquittals Rajiv Kumar @ Raju S/o Baratu Ram vs State Of Chhattisgarh Through Station House Officer- Chakradhar Nagar - Chhattisgarh, Kishan Chand VS State of Himachal Pradesh - Himachal Pradesh.
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Legal Framework - The application of POCSO Act, IPC Sections 376, 366, and 313, and the importance of recording statements under Section 164 CrPC are recurrent themes. Courts scrutinize whether procedural safeguards and evidence standards were met, affecting the outcome State of Karnataka, Rep. by The Police Inspector, Kakati Police Station, Belagavi, Through The Addl. State Public Prosecutor VS Asif Rasoolsab Sanadi - Karnataka, Pramod Dutta @ Ludu Dutta @ Prabodh Dutta @ Prabodh Ch. Dutta VS State of Jharkhand - Jharkhand, State Of Karnataka VS Rajesab - Karnataka.
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Conclusion - The consensus across these cases is that acquittal of the accused in minor sexual offence cases is justified when the prosecution cannot conclusively prove the prosecutrix's minor status or the occurrence of the offence beyond reasonable doubt. The courts uphold the principle of innocent until proven guilty, requiring clear, credible evidence to convict State of Chhattisgarh, Through its Station House Officer, Police Station Urla, District Raipur (CG) vs Raghavpal @ Murli @ Dadu S/o Satrughan Pal - Chhattisgarh, Rajiv Kumar @ Raju S/o Baratu Ram vs State Of Chhattisgarh Through Station House Officer- Chakradhar Nagar - Chhattisgarh, State of Karnataka VS Sandeep S/o. Shivaji Rathod - Karnataka.
References: - State of Chhattisgarh, Through its Station House Officer, Police Station Urla, District Raipur (CG) vs Raghavpal @ Murli @ Dadu S/o Satrughan Pal - Chhattisgarh - State of Karnataka, Rep. by The Police Inspector, Kakati Police Station, Belagavi, Through The Addl. State Public Prosecutor VS Asif Rasoolsab Sanadi - Karnataka - Deepak Yadav vs State Of Madhya Pradesh - Madhya Pradesh - Pramod Dutta @ Ludu Dutta @ Prabodh Dutta @ Prabodh Ch. Dutta VS State of Jharkhand - Jharkhand - State Of Karnataka VS Rajesab - Karnataka - Raj Kishore vs State - Delhi - Rajiv Kumar @ Raju S/o Baratu Ram vs State Of Chhattisgarh Through Station House Officer- Chakradhar Nagar - Chhattisgarh - State of Karnataka VS Sandeep S/o. Shivaji Rathod - Karnataka - Kishan Chand VS State of Himachal Pradesh - Himachal Pradesh
Search Results for "Prosecutrix Minor Pocso 164 Acquittal Justified"
2024 Supreme(Online)(CG) 1233 • India - High Court of Chhattisgarh
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
... ... Issues: Whether the prosecutrix was a minor on the date of the alleged crime and if the acquittal was justified based on ... ) - Appeal against acquittal - The trial court acquitted the accused on grounds that the prosecutrix was not a minor and had left ... ... ... Result: Application rejected; acquittal upheld. ... Accordingly, the application is rejected and consequently, acquittal appeal is also dismissed. ... The f....
2022 0 Supreme(Kar) 67 • India - Karnataka
H.T.NARENDRA PRASAD, RAJENDRA BADAMIKAR
Criminal Procedure Code, 1973 - Section 378(1) & (3), 164, 313, 164(5), 309 – Indian Penal Code, 1860 - ... Sexual assault - Accused being father of victim girl aged about 14 years and knowing fully well that she is minor had committed ... of Children from Sexual Offences Act, 2012 - Sections 4, 5,6, 8, 42 and 12 - Indian Evidence Act, 1872 - Section 35 - Minor - Forcible ... asked even remotely to prosecutrix – Prosecutrix cannot be said to be consenting party.” ... – Once p....
2025 0 Supreme(MP) 274 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, AVANINDRA KUMAR SINGH
14) ... ... (B) Evidence - Credibility of testimony - The trial court's decision was criticized for failing to prove the prosecutrix ... (Ex.P/9) on 01.08.2022, and Statements of Father of prosecutrix (PW/3) and Assistant Teacher (PW/1), it is highly doubtful as to whether at the time of incident prosecutrix was minor being less than 18 years of age, therefore, if any intimacy developed involving physical relationship between the prosecutrix ... Shrivastava, learned Government Advocate for the respond....
2024 0 Supreme(Jhk) 74 • India - Jharkhand
NAVNEET KUMAR
Act, leading to the acquittal of the appellant on that count. ... under IPC Sections 323 and 506 was justified based on the evidence presented. ... Act, following a complaint by a minor girl who alleged that the appellant assaulted her. ... of prosecutrix on statement under Section 164 of the Cr.P.C. ... The prosecution story arose in the wake of written information of the victim girl/prosecutrix addressed to the Officer-In-Charge Kundahit wherein she stated that she was mino....
2020 0 Supreme(Kar) 225 • India - Karnataka
P.B.BAJANTHRI, NATARAJ RANGASWAMY
in reversing Order of acquittal - Case of prosecution as is evident from Ex.P1 is that prosecutrix had lodged a complaint accusing ... accused had obtained gratification from any person - Whether on a compendious reading of material on record would this Court be justified ... Act, 2012 - Statement of prosecutrix was recorded under Section 165(5) of Criminal Procedure Code - Prosecutrix was subjected to ... Be that as it may, what needs to be seen is whether on a compendious reading of the material on re....
2025 0 Supreme(Del) 754 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
(A) Indian Penal Code - Section 363, 366 - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Acquittal under Sections ... ... ... Issues: Whether the prosecutrix was a minor at the time of the incident and the implications of her consent. ... 363 and 366 and conviction under Section 6 of POCSO Act - Failure to prove the age of the prosecutrix under Section 94 of JJ Act ... For the reasons as discussed above, what cannot be lost sight of is that, the prose....
2025 0 Supreme(Chh) 178 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, Shri Justice Narendra Kumar Vyas, JJ
prosecution failed to prove the prosecutrix's age and the charges against the appellants beyond reasonable doubt, leading to their acquittal ... (Paras 14, 20, 35) ... ... Facts of the case: ... The prosecutrix, aged about ... ... ... Ratio Decidendi: The court emphasized that the evidence of the prosecutrix must be credible and corroborated, and the prosecution's ... After recovery of the prosecutrix, her statement under Section 164 of CrPC was recorded vide Ex.P/22. She was produced before the Chi....
2020 0 Supreme(Kar) 84 • India - Karnataka
G.NARENDAR, M.NAGAPRASANNA
Act - Court answer point No.1 against appellant State - Examination of instant appeal against acquittal will have to be considered ... innocent until proven guilty - Accused in instant case has possessed this presumption when he was before trial Court and trial Court’s acquittal ... 35 - Juvenile Justice Rules, 2007 - Rule 12 - Indian Penal Code - Sections 376, 316 and 313 - Criminal Procedure Code - Section 164 ... We are therefore of the view that the High Court was fully justified in relying on the aforesaid basis for....
2023 0 Supreme(Chh) 320 • India - Chhattisgarh
RAMESH SINHA, N. K. CHANDRAVANSHI
Criminal Procedure Code, 1973 - Section 374(2), 313, 437-A - Indian Penal Code, 1860 - Sections 363, 366A and 376(3) - Protection ... Statement of the prosecutrix was recorded under Section 164 CrPC vide Ex.P-2. The appellant was arrested vide arrest memo Ex.P-12. The prosecutrix was sent for medical examination vide Ex.P-14. Medico legal examination report of sexual violence was given by the doctor vide Ex.P-22. ... The first question for consideration would be, whether the trial Court is justified in ....
2018 0 Supreme(HP) 119 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
Fact of the Case: The prosecutrix, a minor, was found to have been sexually assaulted, leading to the arrest and conviction ... The key prosecution witnesses, including the prosecutrix, turned hostile, but their statements were corroborated by medical and forensic ... POCSO - Sexual Offences - The Protection of Children from Sexual Offences (POCSO) Act, 2012, Indian Penal Code, 1860 - Section ... We are, therefore, of the considered view that the trial court was right in holding that....
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