Dismissal Of Suit For Default Doesn't Bar Fresh Partition Suit As Cause Of Action Is Recurring; Second Rejection Of Plaint Application Barred By Res Judicata: Telangana High Court Married Daughter Entitled To Appointment As Fair Price Shop Dealer On Compassionate Grounds; Marital Status No Bar: Allahabad High Court Finding Of Title Cannot Be Recorded In Injunction Simpliciter Suit Absent Specific Pleadings & Issues: Andhra Pradesh High Court Conviction Not A Condition Precedent For Confiscation Of Vehicle Used In Forest Offence: Bombay High Court Advocate’s Professional Call To Client No Proof Of Conspiracy; Sterling Evidence Like CCTV Can Justify Quashing FIR: Gujarat High Court Revenue Entries Changed Without Notifying Affected Parties Are Void; High Court Can Upset Perverse Findings In Second Appeal: Himachal Pradesh HC Mandatory Injunction For Removing Sunshades Or Closing Windows Cannot Be Granted If No Encroachment Is Proved: Karnataka High Court Employer Cannot Resume Work Through Third Parties Until 30-Day Period For Contractor’s Post-Termination Compliance Expires: Madras High Court Circumstantial Chain Fails If Prosecution Doesn't Rule Out Accidental Death: Madhya Pradesh High Court Acquits Two In Murder Case Wife’s Status As Practicing Lawyer Or Professional Qualification No Absolute Bar To Grant Of Interim Maintenance: Orissa High Court Legally Wedded Wife And Second Wife Entitled To Equal Share In Family Pension If Second Wife Was Nominated & Cared For Deceased: Andhra Pradesh High Court Specific Performance Suit Filed At The Fag End Of Limitation Reflects Lack Of Readiness And Willingness: Supreme Court Specific Performance Cannot Be Granted If Plaintiff Fails To Prove Financial Readiness At Relevant Time Of Transaction: Supreme Court MACT |Just Compensation For Deceased Professional Students Must Reflect Future Career Trajectory: Supreme Court Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court Family Courts Duty-Bound To Declare Marital Status In Mutual Consent Muslim Divorces Even If Wife Admits Divorce: Gujarat High Court Allottee’s Right To Interest For Delayed Possession Under Section 18 RERA Is Absolute; Not Fettered By Section 55 Contract Act: Bombay High Court Sentencing Not A Purely Retributive Exercise Divorced From Factual Matrix: Supreme Court Reduces Jail Term Of Man Who Forged Bail Documents

POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court

21 September 2024 3:21 PM

By: sayum


Madhya Pradesh High Court, in the case of Anoop v. The State of Madhya Pradesh, dismissed the appeal challenging the appellant’s conviction under Sections 7/8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The appeal questioned the reliability of evidence, the prosecutrix's age determination, and alleged false implication due to prior enmity. The court upheld the appellant’s conviction and three-year sentence for sexual assault of a minor, affirming the sufficiency of the scholar register in determining the victim’s age.

The case arose from an incident on August 28, 2018, where the prosecutrix, a minor girl, accused the appellant, Anoop, of sexual assault. According to the victim's testimony, the appellant lured her and her friend to his room, pressed her chest, and threatened them. A police report was lodged, and the appellant was charged under Sections 7/8 of the POCSO Act.

During the trial, the prosecutrix's age was a contentious issue. The trial court relied on the scholar register (Exhibit-P/6), showing her date of birth as October 9, 2007, making her under 12 years of age at the time of the incident. The appellant disputed this, claiming the prosecution had not properly proven the victim's age and that the evidence against him was inconsistent.

The appellant argued that the scholar register alone was insufficient to determine the victim’s age. He contended that other evidence, such as birth certificates or medical reports, should have been considered. The court, however, affirmed the trial court’s reliance on the scholar register, referencing the Supreme Court’s ruling in Jarnail Singh v. State of Haryana (2013), which allows the scholar register as admissible evidence for age determination when no birth certificate is available. The court stated, “The date of birth in the scholar register (Exhibit-P/6) as October 9, 2007, proves the prosecutrix was below 18 years of age, making her a 'child' under the POCSO Act.”

The appellant pointed out contradictions in the testimonies of the prosecution’s witnesses, particularly that of the victim’s friend, who had turned hostile. The court held that minor contradictions or discrepancies do not discredit the prosecutrix’s testimony. It emphasized the importance of the victim's consistent account and reiterated that “in sexual assault cases, the testimony of the prosecutrix is paramount, and minor inconsistencies do not undermine its reliability.”

The appellant claimed that his actions lacked sexual intent and that the prosecution failed to prove such intent. The court, however, invoked Section 30(1) of the POCSO Act, which presumes culpable mental state in such offenses unless proven otherwise by the defense. The court noted, “The appellant's act of pressing the prosecutrix's chest clearly evinced a sexual intent, and he failed to rebut the presumption under the POCSO Act.”

The appellant argued that he was falsely implicated due to animosity with the victim's family. The court dismissed this claim, citing the Supreme Court’s ruling in Ramesh Baburao Devaskar v. State of Maharashtra (2007), which held that while enmity can be a motive for false implication, it cannot by itself discredit a well-founded prosecution case.

The court upheld the appellant’s conviction under Sections 7/8 of the POCSO Act, rejecting the contention that charges should have been framed under Section 9/10 due to the victim’s age. It stated that remanding the case for retrial was unnecessary, as the three-year sentence under Sections 7/8 was appropriate given the circumstances.

The court also observed that the appellant’s conduct clearly demonstrated sexual intent, citing the Supreme Court’s ruling in State of Punjab v. Major Singh (1967), which defined the essence of a woman’s modesty as her sex. The court held that the appellant’s act of pressing the prosecutrix’s chest “constituted an act intended to outrage her modesty,” regardless of her age or awareness of the act.

Finally, the court dismissed the appellant's plea for leniency in sentencing. It noted that POCSO Act offenses warrant stringent punishment, particularly in cases involving minors, and affirmed the trial court’s sentence of three years rigorous imprisonment with a fine of Rs. 1,000.

The Madhya Pradesh High Court’s decision reinforces the strict approach to sexual offenses under the POCSO Act, particularly the reliance on the scholar register for age determination and the presumption of culpable mental state. The appellant’s conviction and three-year sentence were upheld, sending a clear message about the seriousness of offenses involving minors.

Date of Decision: September 20, 2024

Anoop v. The State of Madhya Pradesh

Latest Legal News