PREM RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In course of hearing, Mr. S.K. Mandal, the learned counsel for the appellant, agreed that the matter may be taken-up for final disposal as the appellant has already been incarcerated for almost seven years. It is also submitted that the appellant has faced trial for offences under Ss. 363, and 376 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for the sake of brevity), and Ss. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act' for the sake of brevity).

(2.) The allegation against the appellant is that he had sexual relationship with the victim (girl), who was aged about sixteen years on 11/1/2015.

(3.) A perusal of the judgment reveals that the victim (girl) has stated before the Court below that with her consent, the sexual intercourse took place. However, since she was minor, her consent cannot be considered to be a valid and legal consent. Moreover, she was declared hostile by the prosecution.