Queency Jain-
Observing that the evidence of approximate age of prosecutrix cannot take place of the proof of the exact age, Patna High Court has acquitted an accused in POSCO case.
The observation comes after the Patna High Court turned the decision of the Trial Court and acquitted him, while he was convicted under Section 66A and 376 of the Indian Penal Code and Section 4 of POSCO Act for raping a minor girl.
After the accused made appeal, the question in front of the High Court was to check if the prosecution has proved the girl to be minor beyond reasonable doubts.
The Court noted that though the prosecution claimed the age of the girl to be 13-14 years and her consent to be immaterial, the medical report revealed that her age was around 15-16 years wherein prosecution witnesses were not cross-examined and no objection was raised by the defence regarding the age of the prosecutrix.
Referring to the two Judgements, that are Sunil v. State of Haryana and State of MP v. Munna @ Shambhoo Nath, the Court held that the approximate age cannot be solely considered as the evidence of the actual age and the age of the victim of rape must be calculated as provided under Rule 12 of Juvenile Justice (Care and Protection of Children) Rules, 2007.
The Court observed that since the prosecution failed to prove the age of the girl is below 18, the only important evidence was of her consent. Since the victim was in a consensual relationship with the appellant, the conviction of the accused under Sections 376 of the Indian Penal Code and Section 4 of the POSCO Act fails.
In addition to this, the Patna High Court allowed the appeal and stated the conviction of the accused to be illegal under Section 376A of the Indian Penal Code.
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