BABU SAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed by the appellant being aggrieved of judgment dtd. 7/12/2023 passed by the Special Judge (POCSO Act, 2012), Narmadapuram in Special Case No.110/2021 [State of M.P. Vs. Babu Saur] whereby appellant/accused has been convicted under Sec. 363, 366, 376(3), 376(2)(n) of the Indian Penal Code and Sec. 5 (l) r/w 6 and 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act") and sentenced as below:-

(2.) Against the judgment of conviction and sentence this appeal has been filed on the ground that prosecution failed to prove its case beyond reasonable doubt. There is no reliable proof of date of birth. Evidence shows that when the prosecutrix left her parental home she was more than 18 years and she left the house at her own volition and, therefore, appeal should be allowed and judgment of conviction and sentence should be set aside.

(3.) On the other hand, learned Government Advocate supports the impugned judgment and prays for dismissal of this criminal appeal.