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The Legal Affair

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The Legal Affair

Let's talk Law

High Court Upholds Conviction for Rape, Acquits Under POCSO Due to Insufficient Age Proof

High Court Upholds Conviction for Rape, Acquits Under POCSO Due to Insufficient Age Proof

Introduction:

In the case of Deo Narayan Yadav @ Bhulla Yadav vs. The State of Bihar, the Patna High Court addressed allegations of penetrative sexual assault and rape against the appellant. The appellant contested his conviction under Section 3 of the POCSO Act and Section 376 of the IPC, claiming false implication due to financial motives and marriage intentions with the victim.

Arguments:

The appellant argued that he was falsely accused as part of an extortion scheme to compel him into marrying the victim. However, the court dismissed this defense, noting similar accusations against other co-accused individuals. Central to the case was the age of the victim, crucial for application of POCSO Act provisions. The defense challenged the prosecution’s failure to produce conclusive evidence of the victim’s minority status, despite her academic level.

Court’s Judgment:

The Patna High Court acquitted the appellant under Section 3 of the POCSO Act, citing insufficient proof of the victim’s age below 18 years. Despite evidence indicating the victim’s enrollment in Class 9, the court emphasized discrepancies in testimonies regarding her age. However, the court upheld the conviction under Section 376 IPC based on compelling evidence including the victim’s pregnancy and threats against her life. Medical opinions and witness statements were pivotal in establishing the victim’s adulthood at the time of the incident.