POCSO Case : The decision of Chhattisgarh High Court in a case related to POCSO law has once again brought to the fore the importance of legal evidence. The court clarified that the age of a victim cannot be conclusively determined based only on the date of birth recorded in school records, especially when there is no reliable primary document to support that date of birth. On this basis, the High Court canceled the punishment given to the accused by the lower court and ordered his acquittal. The bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Aggarwal, while hearing the case, examined in detail the evidence related to proving age.
What argument did the prosecution make in the case?
The prosecution alleged that a man took a minor girl with him and committed sexual crimes with her. After hearing the case, the trial court convicted the accused under sections 363 and 366 of the Indian Penal Code and section 6 of the POCSO Act and sentenced him. Challenging this decision, the accused approached the High Court. While hearing the appeal, the court first examined whether the victim was actually under 18 years of age at the time of the incident. Having solid and reliable evidence related to the age of the victim became an important issue in this case for the POCSO law to be applicable.
Questions on school records and teacher’s statement
To prove the victim’s age, the prosecution had relied on her eighth class mark sheet and school admission records. However, the statement of the assistant teacher of the school during cross-examination raised questions on the credibility of these documents. The teacher told the court that the date of birth was not recorded by him himself and he was also not aware as per which document or basis the date was recorded in the records. The court also noted that even the victim’s parents were not aware of her exact date of birth. They only mentioned that his age was around 14 years. The prosecution could also not produce important documents like transfer certificate or official birth certificate in support of the victim’s age.
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What did the High Court say? (POCSO Case)
Chhattisgarh High Court, while referring to many old decisions of the Supreme Court, said that acceptance of any (POCSO Case) document in the court does not in itself conclusively prove every information recorded in it as true. The credibility of the date of birth recorded in any record also needs to be assessed on the basis of its basis and source. The court held that the prosecution failed to prove the victim’s minor status on the basis of sufficient and credible evidence. Since the necessary proof related to age was not established, the High Court canceled the decision of the trial court and ordered the acquittal of the accused. This judgment underlines the need for a solid basis for determining the authenticity and age of documentary evidence in criminal cases.