Case Note & Summary
The appellant, Ittarsingh S/o Janaklal Dahikar, was convicted by the Additional Sessions Judge, Achalpur in Special (P) Case No. 106 of 2016 for offences under Section 363 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). He was sentenced to three years rigorous imprisonment for kidnapping and ten years rigorous imprisonment for aggravated penetrative sexual assault, along with fines. The prosecution case was that on 28 April 2016, the victim, a 17-year-old girl studying in 11th standard, went missing from her village. Her father, PW1 Lalsingh, filed an oral report on 2 May 2016, leading to registration of FIR under Sections 363 and 366A IPC. During investigation, after medical examination of the victim, offences under Section 376(2)(n) IPC and Section 6 POCSO Act were added. The victim was recovered and her statement recorded. The trial court convicted the appellant based on the victim's testimony, medical evidence, and school records proving her age. The appellant challenged the conviction in the High Court. The High Court examined the evidence and found that the prosecution had proved the victim's age as below 18 years through school leaving certificate and medical opinion. The victim's testimony was consistent and corroborated by medical evidence showing signs of recent sexual intercourse. The court held that the consent of a minor is irrelevant. The appeal was dismissed, and the conviction and sentences were upheld.
Headnote
A) Criminal Law - Kidnapping - Section 363 Indian Penal Code, 1860 - Age of Victim - The prosecution proved that the victim was below 18 years through school leaving certificate and medical evidence, establishing the offence of kidnapping from lawful guardianship. (Paras 1-10) B) Criminal Law - Aggravated Penetrative Sexual Assault - Section 6 Protection of Children from Sexual Offences Act, 2012 - Consent of Minor - The victim being a minor, her consent is immaterial. The medical evidence and testimony of the victim proved penetrative sexual assault. (Paras 1-10) C) Criminal Law - Sentencing - Section 363 IPC and Section 6 POCSO Act - Concurrent Sentences - The court upheld the concurrent sentences of three years for kidnapping and ten years for aggravated penetrative sexual assault, with fines. (Paras 1-10)
Issue of Consideration
Whether the conviction of the appellant under Section 363 IPC and Section 6 of the POCSO Act is sustainable based on the evidence on record
Final Decision
Appeal dismissed. Conviction and sentences under Section 363 IPC and Section 6 POCSO Act upheld.
Law Points
- Age of victim can be proved by school records and medical evidence
- Consent of minor is irrelevant in sexual offences
- Section 363 IPC and Section 6 POCSO Act can be applied concurrently
