Case Note & Summary
The appellant, Pravin Popat Kharat, was convicted by the Special Judge under POCSO Act, Ahmednagar, for offences under Section 376(1) IPC and Section 4 of the POCSO Act, and sentenced accordingly. He appealed to the Bombay High Court. The prosecution case was that the victim, a minor studying in 11th standard, met the accused at a marriage, and despite her refusal, the accused forcibly took her to a hotel and had sexual intercourse with her multiple times without her consent, leading to pregnancy and a suicide attempt. The appellant argued false implication, pointing to inconsistencies in the victim's testimony and age evidence. The High Court noted that the birth certificate showed date of birth as 16-09-2002, while the school leaving certificate showed 17-09-2002, and the victim's name was missing from the birth certificate. The court held that this inconsistency created doubt about the victim's minority. Additionally, the sole testimony of the victim was inconsistent and lacked corroboration; the victim herself admitted to talks of marriage, indicating a consensual relationship. The court found that the prosecution failed to prove lack of consent and the victim's age beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted.
Headnote
A) Criminal Law - Rape and POCSO - Age Determination - Inconsistency in Birth Records - Sections 376(1) IPC, Section 4 POCSO Act - The prosecution relied on birth certificate and school leaving certificate showing different dates of birth (16-09-2002 vs 17-09-2002) and the victim's name was missing from the birth certificate - Held that such inconsistency creates doubt about the victim's minority, and the benefit of doubt must go to the accused (Paras 2-3). B) Criminal Law - Rape and POCSO - Consent - Lack of Independent Evidence - Sections 376(1) IPC, Section 4 POCSO Act - The sole testimony of the victim was inconsistent and lacked corroboration; the accused and victim had a consensual relationship as per the victim's own admission of talks of marriage - Held that the prosecution failed to prove lack of consent beyond reasonable doubt (Paras 2-3).
Issue of Consideration
Whether the prosecution proved beyond reasonable doubt that the victim was a minor at the time of the incident and that the sexual intercourse was without her consent.
Final Decision
Appeal allowed. The judgment and order of conviction dated 13-09-2022 passed by the Special Judge under POCSO Act, Ahmednagar in Special Case No.109 of 2019 is set aside. The appellant is acquitted of the offences under Section 376(1) IPC and Section 4 POCSO Act.
Law Points
- Age determination in POCSO cases
- Inconsistency in birth records
- Sole testimony of victim
- Consent in sexual offences
- Standard of proof beyond reasonable doubt
