Case Note & Summary
The appellant was convicted by the trial court for offences under Section 6 of POCSO Act read with Section 376 of IPC and Section 366 of IPC, involving alleged abduction and sexual assault of a minor. The High Court allowed the appeal, finding that prosecution failed to prove the victim's age through admissible evidence. Key documents (Exhibit P23 and P18) were held inadmissible due to being Xerox copies, lacking proper certification, and being obtained during investigation. The court emphasized the necessity of strict age proof for POCSO Act applicability and acquitted the appellant of all charges.
Headnote
The High Court of Karnataka allowed the criminal appeal and set aside the conviction under Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 366, 376 of Indian Penal Code, 1860 (IPC) -- The Court held that prosecution failed to prove victim's age through admissible evidence -- Exhibit P23 was a Xerox copy of birth certificate without victim's name and violated Section 10 of Registration of Births and Deaths Act, 1969 -- Exhibit P18 was a communication from school authorities obtained during investigation and hit by Section 162 of CrPC -- Prosecution did not examine author of documents or obtain certificate under Section 94 of Juvenile Justice (Care and Protection of Children) Act, 2015 -- Without age proof, offence under POCSO Act could not be established -- Conviction was based on inadmissible evidence and procedural lapses
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Issue of Consideration: The Issue of whether the prosecution proved the victim's age to establish offence under Section 6 of Protection of Children from Sexual Offences Act, 2012
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Final Decision
The High Court allowed the appeal, set aside the conviction and sentence, and acquitted the appellant of all charges under Section 6 of POCSO Act and Sections 366, 376 of IPC
