Case Note & Summary
The case involved an appeal against a conviction under the Protection of Children From Sexual Offences Act, 2012 (POCSO Act). The appellant was convicted for offences punishable under Section 5(1) read with Section 6 of the POCSO Act and sentenced to 10 years of rigorous imprisonment. The prosecution's case was based on the testimony of the victim, who claimed to have been in a relationship with the appellant and alleged that he had sexual intercourse with her under false pretenses. The victim was born on 04.01.2000, and the alleged incidents occurred on 10.06.2016 and 10.06.2019. The appellant contended that the victim was not a minor at the time of the alleged offence and that the charges were fabricated to coerce him into marriage. The trial court relied heavily on the victim's testimony, which was found to be inconsistent regarding the timeline of events. The High Court noted that the victim's age on the date of the alleged occurrence was crucial, and since she was 19 years old on 10.06.2019, the POCSO Act was not applicable. The court found that the evidence presented did not support the prosecution's case, leading to the conclusion that the conviction was unsustainable. Consequently, the High Court acquitted the appellant and set aside the trial court's judgment.
Headnote
A) Criminal Law - POCSO Act - Age of Victim - The victim must be below 18 years on the date of occurrence for POCSO applicability - Protection of Children From Sexual Offences Act, 2012, Section 2(1)(d) - The court found that the victim was 19 years old on the alleged date of occurrence, thus the POCSO Act was not applicable. Held that the invocation of the POCSO Act against the appellant cannot be sustained (Paras 38-40).
Issue of Consideration
Whether the appellant was guilty under the POCSO Act given the age of the victim and the alleged date of occurrence.
Final Decision
The High Court set aside the conviction and sentence imposed by the trial court, acquitting the appellant of all charges. The bail bond was cancelled, and any fine paid was to be refunded, while victim compensation already paid was not disturbed.
Law Points
- POCSO Act
- 2012
- Section 5(1)
- Section 6
- Code of Criminal Procedure
- 1973
- Section 164
- Indian Penal Code
- Sections 376
- 313
- 417
