Lawstreet Journal

Evidence of Approximate Age of Prosecutrix Cannot Take the Place of Proof of Exact Age: Patna High Court Acquits Accused in POCSO Case [READ ORDER]

Lawstreet Journal 10 Jul 2021 11:50pm

Image courtesy: Lawstreet Journal Judiciary Evidence of Approximate Age of Prosecutrix Cannot Take the Place of Proof of Exact Age: Patna High Court Acquits Accused in POCSO Case [READ ORDER]

While acquitting an accused in a POCSO (The Protection of Children from Sexual Offences) case the Patna High Court pointed out that the proof of the prosecutrix’s approximate age cannot replace the proof of exact age.

Background

The accused Arjun was convicted of raping a 13-year-old girl. He was convicted by the Trial Court for offenses under Section 366A (deals with Procuration of minor girl) and Section 376 (deals with Punishment for rape) of the Indian Penal Code and Section 4 (deals with Punishment for penetrative sexual assault) of the POCSO Law.

On appeal, the High Court asked that whether the prosecution has proved reasonable doubts that the victim was under 18 years of age at the time of the physical relationship with the appellant to bring a claim under the clause 'sixthly' of Section 375 of the Indian Penal code.

Court findings

The Court noted that the prosecution's case was that the victim's age was around 13-14 years, and the medical report showed that he was between 15-16 years old. It noted that the prosecution witnesses were not questioned and the defense did not suggest that the witnesses had made false statements about the age of the prosecution. The case of the prosecution is that she is a minor, so her consent or no consent is irrelevant when considering the charges against the accused.

Further, for reference, the court cited two judgments of the Supreme Court, namely. Sunil v. state of Haryana reported in AIR 2010 SC 392, Continue Reading...


Tagged: Patna High Court   POCSO Act  
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