Case Note & Summary
The case involved a criminal appeal challenging the conviction of the accused for offences under the Indian Penal Code, the Prohibition of Child Marriage Act, and the Protection of Children from Sexual Offences Act. The victim, P.W.3, was alleged to have been taken by the accused under the pretext of marriage when she was 17 years old. The prosecution's case was based on the testimony of the victim's parents and various witnesses, asserting that the accused had kidnapped the victim and had sexual relations with her. However, the defence argued that the victim had voluntarily accompanied the accused and that there were significant doubts regarding her age, as the school and birth certificates presented were inconsistent. The trial court convicted the accused based on the evidence presented, but the High Court found that the prosecution had not conclusively proven the victim's age. The court noted that the victim had claimed to be older than what was indicated in the school records and that the evidence of her parents created further doubt about her actual age. The court also highlighted that the victim had expressed a desire for police protection, indicating a consensual relationship with the accused. Ultimately, the High Court allowed the appeal, acquitting the accused due to the reasonable doubt regarding the victim's minor status and the nature of the relationship between the parties.
Headnote
A) Criminal Law - Age of Consent - Determination of Minor Status - Indian Penal Code, 1860, Section 366; Prohibition of Child Marriage Act, 2006, Section 9; Protection of Children from Sexual Offences Act, 2012, Section 6 - The court found that the prosecution failed to establish the victim's age conclusively, leading to reasonable doubt about her minor status. The evidence presented, including school records and birth certificates, was inconsistent, and the court held that the accused could not be convicted under the relevant sections due to the lack of proof of the victim's minority (Paras 17-18).
Issue of Consideration
Whether the victim was a minor at the time of the alleged offences and whether the accused's actions constituted kidnapping or abduction.
Final Decision
The High Court allowed the appeal, set aside the trial court's judgment, and acquitted the accused of all charges, stating that the prosecution failed to prove the victim's minor status beyond reasonable doubt.
Law Points
- Consent
- Minor Status
- Age Determination
- Prohibition of Child Marriage Act
- Protection of Children from Sexual Offences Act
- Indian Penal Code
