In a significant judgment that underscores the necessity of strict evidentiary standards in cases under the Protection of Children from Sexual Offences (POCSO) Act, the Chhattisgarh High Court acquitted a man previously sentenced to ten years’ rigorous imprisonment for rape, after finding that the prosecutrix was a consenting party and her age was not legally verified.
Justice Arvind Kumar Verma of the Chhattisgarh High Court, while delivering the judgment in Tarun Sen v. State of Chhattisgarh, observed that the relationship between the appellant and the prosecutrix was consensual, and the circumstances suggested elopement rather than coercion or abuse.
“This Court is of the opinion that the age of the prosecutrix is not verified and not proved by the prosecution that prosecutrix was minor at the time of incident and she was a consenting party and also it is a case of elopement,” the Court held, overturning the trial court’s conviction.
Background
The case was initiated based on a complaint by the father of the prosecutrix, who reported that his daughter had gone missing. He suspected the involvement of the accused, Tarun Sen. The girl was later recovered from Durg in the company of the accused, and an FIR was lodged. The trial court convicted the accused under Section 376(2)(n) of the Indian Penal Code and Section 6 of the POCSO Act, sentencing him to 10 years of rigorous imprisonment under each provision, to run concurrently.
The accused filed a criminal appeal under Section 374(2) of the CrPC before the High Court.
Court questions age verification
One of the major contentions before the High Court was whether the prosecutrix was a minor at the time of the alleged offence. The appellant argued that the prosecutrix had herself stated during trial that she was above 18 years of age. The prosecution relied solely on a Dakhil Kharij register entry showing the date of birth as April 10, 2001. However, the Court found this insufficient.
“There is no Kotwari register or ossification report produced by the prosecution to determine her actual age on the date of incident, that she was below 18 years of age,” the Bench stated.
Citing Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Bench highlighted that for age determination, the prosecution must rely on birth certificates, school records, or medical tests such as ossification, none of which were submitted in this case.
Victim’s testimony indicates consent
The Court found that the victim’s own testimony and circumstances surrounding the incident pointed toward a consensual relationship. The prosecutrix admitted in court that she was in touch with the appellant via phone, and that he had given her a mobile phone to communicate. She further stated that she had told him to take her away from her home, threatening to commit suicide if he refused.
“She had nowhere disclosed that at any point of time, the appellant had committed any forceful sexual intercourse with her; rather, it was a mutual consent for physical relations,” the Court said.
The prosecutrix admitted that they had stayed together in a hotel and that she had voluntarily gone with him. The FIR was filed only after her uncle and police brought her back from Durg.
“Her uncle and police only took her to her home and lodged an FIR. This shows that she is a consenting party,” the judgment noted.
Medical evidence
The medical examination also played a crucial role. The doctor (Prosecution Witness-09) testified that there were no external or internal injuries on the prosecutrix’s body, including her private parts.
“The secondary sexual organs were fully developed and the prosecutrix was habitual of sexual intercourse,” the doctor deposed.
The Court noted this medical opinion in support of its finding that the prosecutrix was not a naive victim but someone with prior sexual exposure.
On weighing the totality of evidence, the Chhattisgarh High Court concluded that the conviction could not be sustained. The trial court’s ruling was set aside, and the appellant was acquitted of all charges.
“Appellant stands acquitted of all the charges levelled against him. The appellant is reported to be in jail. He is released forthwith, if not required in any other case,” the order concluded.
Allahabad High Court ruling
Recently, The Allahabad High Court has granted bail to a man accused of raping a postgraduate student, observing that the complainant had “invited trouble” upon herself through her own conduct. The remarks were made by Justice Sanjay Kumar Singh while hearing the bail application of the accused, who was arrested in December 2024.
“This Court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same,” the judge noted.
The Court pointed out that the prosecutrix’s own statement during the investigation aligned with this assessment. Citing the medical report, the Court observed that while the woman’s hymen was found torn, the medical expert did not offer any conclusive opinion about sexual assault.
“A similar stand has been taken by the victim in her statement. In her medical examination, her hymen was found torn but the doctor did not give any opinion about the sexual assault,” the Court said, according to a report by Bar and Bench.
According to the FIR, the incident dates back to September 2024. The complainant, a postgraduate student at a university in Noida, had visited a bar in Delhi’s Hauz Khas area with three female friends. At the venue, they were joined by some male friends, including the accused.
The complainant alleged that she consumed alcohol and became intoxicated during the gathering. She claimed that the accused began making advances towards her. Around 3 a.m., as the group dispersed, the accused allegedly invited her to his place.
After repeated insistence, the woman agreed to go with him, believing she would be taken to his residence in Noida to rest. However, she alleged that the accused instead drove her to a relative’s apartment in Gurgaon, where he raped her twice during the night.
The accused was subsequently arrested and has been in custody since December 2024.
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