Case Note & Summary
The appellant, Mukeshji Ataji Thakor, was convicted by the Special Judge (POCSO & Atrocity), Gandhinagar, for offences under Sections 363, 366, 376 IPC, Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution alleged that the appellant, a married man, kidnapped a 17-year-old minor victim on 21.12.2013, took her to Kutch-Bhuj, and sexually abused her for about six months. The victim belonged to a Scheduled Caste, and the accused was aware of this. The trial court sentenced him to rigorous imprisonment for life under the Atrocity Act, among other sentences. The appellant appealed against the conviction. The High Court examined the evidence, particularly the testimony of the victim (PW-3), who stated that she went with the appellant willingly and that they lived together as husband and wife. The court noted inconsistencies in the prosecution's case regarding the victim's age and the lack of evidence to prove that the appellant knew the victim's caste. The court held that the prosecution failed to prove its case beyond reasonable doubt. Consequently, the appeal was allowed, the conviction and sentence were set aside, and the appellant was acquitted of all charges.
Headnote
A) Criminal Law - POCSO Act - Consent of Minor - Age Determination - The court examined whether the victim was a minor and whether her consent was valid. The prosecution failed to prove the victim's age beyond reasonable doubt, and the victim's testimony indicated she went willingly with the accused. Held that the conviction under POCSO Act and IPC for kidnapping and rape cannot be sustained (Paras 1-10). B) Criminal Law - SC/ST Act - Caste-Based Offence - The court considered the applicability of Section 3(ii)(v) of the Atrocity Act. The prosecution did not establish that the accused knew the victim's caste or that the offence was committed on account of her caste. Held that the conviction under the Atrocity Act is not sustainable (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellant under Sections 363, 366, 376 IPC, Section 4 of POCSO Act, and Section 3(ii)(v) of SC/ST Act is sustainable based on the evidence on record.
Final Decision
Appeal allowed. Conviction and sentence set aside. Appellant acquitted of all charges.
Law Points
- Consent of minor victim
- Age determination
- Inconsistent testimony
- Benefit of doubt
- Acquittal in POCSO cases
