(A) Penal Code (45 of 1860) , S.376, S.342— Evidence Act (1 of 1872) , S.3— Wrongful confinement and rape – Testimony of victim – Reliability – Allegation that accused raped 11-year-old victim – Victim testified that accused who was hiding in her ‘bada’, threw her down and committed rape – Subsequent delay in lodging FIR until next morning was duly explained by tender age, time of incident late in night and significant distance of 26 kms to police station – Medical examination of victim was conducted on day of lodging of FIR and potency test of accused confirmed his capability for sexual intercourse – Victim remained firm in cross examination and her testimony was consistently supported by medical evidence and other witnesses – Guilt of accused was established – Conviction was proper – However, since accused was found to be a juvenile at the time of commission of offence, sentence was set aside
Order of Rajasthan High Court dt. 12.07.2024 (Raj)-Partly Reversed2011 AIR SCW 6821-FollowedAIR 2022 SC 222-Followed(Paras 891011)
(B) Penal Code (45 of 1860) , S.376— Juvenile Justice (Care and Protection of Children) Act (56 of 2000) , S.7A— Wrongful confinement and rape – Plea of juvenility – Appellant claimed to be juvenile at time of commission of offence – Based on consistent statements of witness and documentary evidence, including Class-I admission record from the Government Higher Secondary School, age of appellant at the time of commission of crime was found to be 16 years, 2 months and 3 days – Appellant was juvenile on date of commission of offence – Plea of juvenility can be raised and must be recognized at any stage of the proceedings, even after disposal of case – Sentence imposed by Trial Court and upheld by High Court was set aside – Matter was referred to Juvenile Justice Board for passing appropriate orders in light of Sections 15 and 16 of JJ Act, 2000
AIR 2011 SC (Cri) 2053-Followed(Paras 14151617)
[ad_1]
Source link