Case Note & Summary
The case involves an appeal against the conviction of Pravin @ Tushar Janu Chavan under Sections 377 and 506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012. The incident occurred on 02.09.2020 when the victim, a 13-year-old boy, was returning home after playing Kabaddi. The appellant met him, requested him to accompany him to attend nature's call, showed a porn video, and then committed unnatural intercourse after overpowering the victim. The appellant threatened to kill the victim if he disclosed the incident. The victim narrated the incident to his grandmother and uncle, leading to a report being lodged. The trial court convicted the appellant and sentenced him to 20 years rigorous imprisonment under Section 4 of the POCSO Act and one year under Section 506 IPC. The appellant appealed, primarily challenging the proof of the victim's age. The High Court examined the evidence, including the testimony of the victim (PW3), his uncles (PW1 and PW2), and the Headmaster (PW4) who produced the original affidavit register and admission register showing the victim's date of birth as 24.07.2007. The court noted that the parents had submitted an affidavit at the time of admission, and the school records were not challenged in cross-examination. The court held that the prosecution had sufficiently proved that the victim was below 18 years, and the conviction was upheld. The appeal was dismissed.
Headnote
A) Criminal Law - Age of Victim - Proof of Age - Protection of Children from Sexual Offences Act, 2012, Section 4 - Indian Penal Code, 1860, Sections 377, 506 - The court considered whether the victim's age was proved by school records including certified extract of admission register, original affidavit register, and admissions register, coupled with oral evidence of witnesses. The court held that the prosecution had sufficiently proved that the victim was 13 years old on the date of the incident, as the primary evidence (affidavit and admission register) was produced and not challenged, and the victim's testimony and that of his uncles corroborated the age. (Paras 9-14) B) Criminal Law - Unnatural Offences - Unnatural Intercourse - Indian Penal Code, 1860, Section 377 - The court upheld the conviction for unnatural intercourse based on the victim's testimony and medical evidence, noting that the appellant showed a porn video, overpowered the victim, and committed carnal intercourse. (Paras 2, 15-16) C) Criminal Law - Criminal Intimidation - Threat - Indian Penal Code, 1860, Section 506 - The court upheld the conviction for criminal intimidation as the appellant threatened to kill the victim if he disclosed the incident. (Paras 2, 15-16)
Issue of Consideration
Whether the prosecution has sufficiently proved that the victim was below 18 years of age on the date of the incident, in the absence of a birth certificate and examination of parents, based on school records and oral evidence.
Final Decision
The appeal is dismissed. The judgment and order of conviction and sentence passed by the learned Special Judge, Mehkar, dated 16.06.2022, is confirmed.
Law Points
- Age of victim can be proved by school records including affidavit of parents and admission register
- even without birth certificate
- if primary evidence is produced and not challenged
- Sufficiency of evidence under POCSO Act for proving age
- Conviction under Section 4 of POCSO Act requires proof that victim is a child
- Unnatural intercourse under Section 377 IPC and threat under Section 506 IPC can be proved by victim's testimony and medical evidence
