Case Note & Summary
The case involved an appeal by the sole appellant, P. Yuvaprakash, against his conviction under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and the Child Marriage Prohibition Act, 2006, as affirmed by the Madras High Court. The prosecution alleged that the victim, a 17-year-old girl, was kidnapped and sexually assaulted by the appellant. The victim's father reported her missing after she was taken to a temple where a marriage ceremony was conducted. The victim later returned home and provided statements to the police, indicating that she had eloped with the appellant voluntarily and was not abducted. The trial court convicted the appellant, sentencing him to life imprisonment, which was later modified by the High Court to ten years. The appellant's counsel argued that the victim's statements contradicted the prosecution's narrative, and the prosecution failed to prove her age as below 18 years. The State's counsel contended that the victim's consent was irrelevant due to her age. The Supreme Court analyzed the evidence, particularly the victim's statements and the ossification test results, which indicated she was between 18 and 20 years old. The court concluded that the prosecution did not establish that the victim was a minor or that there was any coercion involved in the relationship. Consequently, the court acquitted the appellant of all charges, setting aside the previous convictions and sentences.
Headnote
A) Criminal Law - Age Determination - Burden of Proof - Protection of Children from Sexual Offences Act, 2012, Section 34; Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 - The court held that the prosecution failed to establish the victim's age as below 18 years, relying on inadequate documentation. The ossification test indicated the victim was between 18 and 20 years, leading to the conclusion that the appellant could not be convicted under the POCSO Act (Paras 19-23). B) Criminal Law - Consent - Sexual Assault - Protection of Children from Sexual Offences Act, 2012, Section 6 - The court found that the victim's willingness to accompany the appellant and marry him negated the prosecution's claim of coercion, thus no penetrative sexual assault was established (Paras 21-22).
Issue of Consideration
Whether the appellant committed offences under the POCSO Act and IPC given the victim's age and consent.
Final Decision
The Supreme Court acquitted the appellant of all charges, setting aside the convictions and sentences imposed by the lower courts. The court found that the prosecution failed to prove the victim's age as below 18 years and established that she had willingly entered into a relationship with the appellant.
Law Points
- Age determination
- Consent
- Sexual assault
- POCSO Act
- IPC
- Child Marriage Prohibition Act
