Case Note & Summary
Conviction and Sentence Confirmed – Consent Obtained Under Misconception of Fact – Victim Below Eighteen Years of Age
(a) Consent of Minor Irrelevant Under POCSO Act – Section 6 Automatically Attracted When Victim is Below Eighteen Years (b) Birth Certificate Admissible Under Indian Evidence Act Section 35 – Official Public Document – Sufficient for Age Determination (c) DNA Report Conclusive – Established Biological Parentage – Confirmed Victim’s Allegations of Sexual Assault
Appeal Dismissed – Trial Court’s Conviction and Sentence Confirmed – Victim’s Age Established Below Eighteen Years – Consent Held Vitiated by Misconception of Fact – DNA Evidence Affirmed Accused’s Paternity
Age Determination(Para 29) DNA Evidence Analysis (Para 55) Consent Under Misconception of Fact (Para 61) Legal Position on Consent of Minor (Para 67) Applicability of IPC and POCSO Provisions (Para 72)
Acts and Sections Discussed:
Indian Penal Code, 1860 (IPC) – Section 376(2)(h) – Aggravated Sexual Assault – Sentence of Ten Years Rigorous Imprisonment and Fine
Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Section 6 – Aggravated Penetrative Sexual Assault – Sentence of Ten Years Rigorous Imprisonment and Fine
Indian Evidence Act, 1872 – Section 35 – Public Documents – Admissibility of Birth Certificate
Registration of Births and Deaths Act, 1969 – Sections 12 and 17 – Birth Registration – Official Record Validity
Subjects: Conviction – DNA Evidence – Consent Under Misconception – Minor Victim – Promise of Marriage – False Promise – Sexual Assault – Age Determination – Public Document – Birth Certificate – Medical Evidence
Nature of the Litigation: Criminal Appeal – Conviction Challenge – Alleged False Promise of Marriage and Sexual Assault
Relief Sought: Appellant Sought Acquittal – Challenged Trial Court’s Conviction and Sentence
Reason for Filing the Case: Appellant Alleged Consensual Relationship – Claimed Victim Had One-Sided Love Affair
Previous Decisions: Special Judge, Bhandara – Convicted Under IPC Section 376(2)(h) and POCSO Act Section 6 – Sentenced to Ten Years Rigorous Imprisonment and Fine – 19 September 2022
Issues:
Whether Consent of Victim Was Obtained Under Misconception of Fact
Whether Victim Was a Minor at the Time of Incident
Validity and Admissibility of DNA Evidence
Reliability of Birth Certificate for Age Determination
Submissions/Arguments: (a) Appellant Argued Consent Was Voluntary – Claimed Consensual Relationship – Questioned Victim’s Age and Authenticity of Birth Certificate (b) Prosecution Emphasized Victim’s Minority – Cited DNA Report Confirming Biological Parentage – Highlighted False Promise of Marriage (c) Victim’s Counsel Supported Prosecution – Relied on Apex Court Precedents on Consent Under Misconception of Fact
Issue of Consideration
Rupchand s/o Dilip Shende Versus State of Maharashtra And Ors.
